Does The Authority of Law Derive From The People

Does the Authority of Law Derive from the People?
"If a nation expects to be ignorant and free, in a state of civilization,

it expects what never was and never will be." - Thomas Jefferson.,
When the prosecution in a courtroom refers to itself as “the people” it is supposed to mean that its
authority derives from the people, because, as nearly every state constitution declares in one form or
another, “All political power is inherent in the people. Government is instituted for the protection,
security and benefit of the people”1,2,3 Or, as Charles Weisman in The Authority of Law, put it: “The
fundamental concept of American government is that all political power resides in the people.”
But if all political power is inherent in the people, doesn’t that mean that the delegation of duties to the
government is lawful only when people have authorized them? That is what is supposed to be the
result of the ratification by the people of constitutions, which are the operating orders for government.
This writing is about a study of the ratification of the states’ constitutions, but before going any further,
the word “constitution” needs to be examined. The articles for a federal government could be titled
“Articles for …” or “Articles establishing …” or simply “The Federal Government for the united
States of America”, but the word “constitution” was used the first time ever to establish a government
when the Constitution for the United States of America was written in 1787.
A key to the use of “constitution” may lie in the word “constitutor”, which, in Black’s 2nd Law
Dictionary, is defined as “one who, by a simple agreement, becomes responsible for the payment of
another’s debt.” Could it be that the Constitution for the United States of America is a debt instrument?
If so, the questions are: what is the debt, and who is/are the constitutor(s)? The debt referred to is no
doubt the 2 million pounds of French silver borrowed by the colonies to help pay for the revolutionary
war. Regarding constitutors, wouldn’t they be the ones signing or ratifying the instrument – in this case
the states?
Could it be that ‘the founders’ secreted themselves in a private meeting –the constitutional convention-
to renegotiate a way for the king to get paid before 7 years had elapsed since establishing the debt?
After all, “repayment of all debts” was written by King George in the Paris Peace Treaty of 1783
ending the revolution; King George, as France’s titular head, had claim to the money the colonies
borrowed from France, and the Articles of Confederation had no provision for collecting taxes.
On the other hand, there were many economic reasons supporting a federal government: to support the
national currency and the repayment of all loans, not just the kings; to establish and enforce uniform
trade tariffs; to collect import and export duties to pay for the federal government and national defense;
and to facilitate commerce among the states. However, with the above clarification in mind, what if the
states ratified the Constitution for the United States of America, becoming responsible for the national
debt only to write their own constitutions for the people to ratify and become the sureties for the debt?
A debtor is what a “citizen of the United States” is today – for the amount of about 1 million dollars.
But what if the people haven’t ratified the constitutions? The fact is: some have and some haven’t, as
will be explained further in this report on a study of the constitutions of states admitted before 1860.
1
Article I, Sect 2, California Constitution (1849);
2
“That all power is vested in, and consequently derived from the people; and magistrates are their trustees and servants,
and at all times amenable to them” – Virginia Constitution (1776).
3
“All power residing originally in the people, and being derived from them, the several magistrates and officers of
government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents,
and are at all times accountable to them” – Massachusetts Constitution (1790).
1
The results show that governments have usurped the people’s authority by issuing constitutions that
claim to be ‘ordained and established by the people’, but which have either not been ratified by the
people or have been ratified by ‘citizens of the United States’, which are government-created fictions.
 What if the entire nation’s legal system and the legal systems of all of the states have been
promulgated –printed and issued– without people’s authority?
 Wouldn’t no authority mean there is no law? – that what exists de facto is for-profit
corporations masquerading as governments enforcing their un-countable volumes of
unauthorized color-of-law legislation, statutes, codes, ordinances, policies, rules, procedures,
etc. on the people without lawful authority?
This summary report and its exhibit support an affirmative answer to the above questions.
The summary is the result of a survey of all the constitutions of states that were admitted to the union
prior to the war of federal aggression (not a ‘civil’ war). The war is the demarcation point, because its
culmination officially established as de facto law the 2nd class status “citizen of the United States”.
American Citizens prior-to and during this period may have not had a problem with the concept of a
‘federal citizen’ who, also as ‘taxpayer’ would help pay for the federal government, but since the act
‘to free the slaves’ nearly everyone has been turned into a slave.
The exhibit about a study of California’s two constitutions shows that since 1879 California has
operated under an administrative form of law separate from the constitutional form of law established
by the 1849 California Constitution. Administrative law is law via unilateral contract (signed only by
the one making the request) which obligates the requestor to the terms and conditions of the contract
(all the statutes, codes, rules, ordinances, policies, etc.) but not the administrator(s), which perform the
executive, legislative, and judicial functions without recourse to the applicant, i.e, unlimited rule.
Weisman saw it: “Yet the evidence is clear today that our country has been invaded by a hostile, alien
people who promote a law and religion that is contrary to the fundamental law and Christian
foundations originally established in this land. They can be called socialists, communists, globalists,
anti-Christs, and subversives, but their objectives are to enrich themselves by controlling your life,
liberty and property. Their agenda and objectives cannot be implemented with the established frame of
constitutional government, thus they have laws enacted which are oppressive, contrary to individual
rights, and which build up a socialistic type of government.”4 And Freneau saw it 200 years earlier.5
This describes the current state of affairs in which people are subjected to never-ending increases in
taxes and fees from governments with their insatiable budget appetites extorting the people using gun-
carrying thugs contrary to “the protection, security and benefit of the people” while often in violation
of constitutional limitations, statutes, and codes that should apply to them (i.e. no official bonds).
To further muddy the waters, Congress, re-defined the word “state” into a term with an opposite
meaning to the common meaning and the meaning at the time the nation was founded6, making “state”,
“State”, and “STATE” a res in the District of Columbia for all subsequent legislation.
4
The Authority of Law, Charles Weisman
5
http://www.constitution.org/cmt/freneau/republic2monarchy.htm
6
And be it further enacted, That wherever the word state is used in this act it shall be construed to include the territories and the
District of Columbia .. . [“An Act to provide Internal Revenue to support the Government, to pay Interest on the Public Debt, and
for other Purposes,” Ch. 173, Sec. 182, 13 Stat. 223, 306, June 30, 1864]; The word “State,” when used in this Title, shall be
construed to include the Territories and the District of Columbia ... [Revised Statutes of the United States, Passed at the First
Session of the Forty-third Congress, 1873—‘74, Title 35, Ch. 1, p. 601, approved retroactively as of the Act of March 2, 1877,
amended and approved as of the Act of March 9, 1878]; The term “United States” when used in a geographical sense includes only
the States and the District of Columbia. [26 USC 7701(a)(9)]
2
The results of the survey of the state’s constitutions are as follows (from the chart on the next page):
Number of states in which the people have never ratified a constitution = 2
States with constitutions not requiring an elector to be a "citizen of the United States" = 4
Subsequent ratified constitutions requiring an elector to be a "citizen of the United States", but
without a prior amendment authorizing the former constitution’s change to "citizen of the U.S.” = 7
Number of states in which the people did not ratify a constitution prior to the war = 3
States in which the people voluntarily ratified "citizens of the United States" for suffrage = 9
U.S. territories with enabling acts from Congress requiring, as a condition for statehood, that
constitutions require all voters to be "citizens of the United States" = 9
There is supposed to be a doctrine whereby states joining the union subsequent to the 13 colonies are
ceded with the same “equal footing”. But as the results show and the chart illustrates, there was no
equal footing regarding who was qualified to be an elector even among the colonies.
An important find resulting from the review of the 34 states constitutions is that the term “citizen of the
United States” was in usage well before the [so called] 14th Amendment: it was required for voters in
Connecticut’s first constitution in 1818. Given the above discussion about sureties for the debt, it is no
wonder that a term designating a legal fiction (citizen7 of8 the United States9) presumably to be
subrogee for the debt would be written by lawyers early on.
This is supported by the fact that 1) Congress stipulated in the enabling acts for all U.S. territories as a
condition for admission to the Union that they require a voter to be “citizen of the United States” in
their constitutions and 2) nearly all states issued new constitutions requiring a voter to be “citizen of
the United States” after the war between the states and the federal government.
For anyone who is not sure why “citizen of the United States” created by the 14th Amendment is a 2nd
class status, exhibit 2: “The Truth about the 14th Amendment” is provided. And exhibit 3: “Who Do
You Think You are” clearly explains that a “citizen of the United States” (residing in the District of
Columbia federal zone10) is not protected by any constitution and is only granted privileges and
allowances from the U.S. Congress, which has no constitutional limitations – Congress is in the D.C.
federal zone, where the constitution does not apply (more about Congress on page 5).
This is why judges in courtrooms say “if you bring up the Constitution again, I will have you arrested
for contempt.” They are administering public policy, not law.
7
citizen: 5. In the U. States, a person, native or naturalized, who has the privilege of exercising the elective franchise, or
the qualifications which enable him to vote for rulers, and to purchase and hold real estate. Webster’s 1828 Dictionary:
8
: OF. 1. From or out of; proceeding from, as the cause, source, means, author, or agent bestowing. Hence of is the sign of
the genitive case, the case that denotes production; as the son of man, the son proceeding from man, produced from man. Of
sometimes implies a part or share. From is then the primary sense of this preposition.
Of then has one primary sense, from, departing, issuing, proceeding from or out of, and a derivative sense denoting
possession or property. Webster’s 1828 Dictionary
9
28 USC 3002 (15) "United States" means - (A) a Federal corporation; (B) an agency, department, commission, board, or
other entity of the United States; or (C) an instrumentality of the United States.
"The United States Government is a foreign corporation with respect to a state." NY vs. re Merriam, 36N.E. 505; 141 N.Y
479; affirmed 16 S.Ct. 1073; 41 L.Ed. 287. Volume 20 of Corpus Juris Secundum at 1758.
10
“Therefore, the U.S. citizens residing in one of the states of the union, are classified as property and franchises of the
federal government as an “individual entity.” – Wheeling Steel Corp. v Fox, 298 U.S. 192, 80 L.Ed. 1143, 56 S.Ct 773
“A U.S. citizen” upon leaving the District of Columbia becomes involved in “interstate commerce”, as a “resident” does not
have the common-law right to travel of a Citizen of one of the several states.” – Hendrick v. Maryland S.C. Reporter’s Rd.
610-625 (1914).
3
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Pennsylvania X
New Jersey X
Georgia X
Connecticut X -
Massachusetts X
Maryland X -
South Carolina X
New Hampshire X
Virginia X
New York X
North Carolina X
Rhode Island X -
Vermont X
Kentucky X
Tennessee X -
Ohio X 1802
Louisiana X 1811
Indiana X 1816
Mississippi X 1808 1890
Illinois X
Alabama X 1819 1891
Maine X
Missouri X 1820
Arkansas X
Michigan X -
Florida X -
Texas X -
Iowa X 1838
Wisconsin X 1836
California X
Minnesota X
Oregon X -
Kansas X 1854
2 4 7 3 18
Total green = 17 (including last column)
Summary:
Number of states in which the people have never ratified a constitution = 2
Number of states with constitutions not requiring "citizens of the U.S." for suffrage = 4
Number of constitutions ratified requiring "citizens of the U.S." for suffrage but with no amendment authorizing the change = 7
Number of states in which the people did not ratify a constitution prior to the war = 3
States with constitutions ratified by the people requiring "citizens of the U.S." for suffrage without Congress' requirement = 9
Former U.S. territories with enabling acts by Congress requiring "citizens of the U.S." for suffrage = 9
4
The prior statements about the District of Columbia federal zone begin here:
PERMANENT GOVERNMENT FOR DISTRICT OF COLUMBIA—187811

[Forty-fifth Congress, Second Session]
An Act providing a Permanent form of government for the District of Columbia [1st paragraph excerpt]
“Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled, That all the territory which was ceded by the State of Maryland to the Congress
of the United States for the permanent seat of the Government of the United States shall continue to be
designated as the District of Columbia. Said District and the property and persons that may be therein
shall be subject to the following provisions for the government of the same, and also to any existing
laws applicable thereto not hereby repealed or inconsistent with the provisions of this act. The District
of Columbia shall remain and continue a municipal corporation, as provided in section two of the
Revised Statutes relating to said District, and the Commissioners herein provided for shall be deemed
and taken as officers of such corporation;”
Comments on the above excerpt:

1. Note that the “Senate and House of Representatives of the United States of America in
Congress assembled” is issuing authority to the “Congress of the United States” and the
“Government of the United States” in the District of Columbia. This clearly shows that there is
a difference between the U.S.A. and the U.S. and that the Congress of the United States and the
Government of the United States only operate within D.C.
2. The subject territory of the act is designated the “District of Columbia,” not the “United
States.” (“district” is a military term, like “territory”), so there is no land known as the “United
States” which has been designated by the Senate and House of Representatives of the United
States of America in Congress assembled.
3. That leads to the question “does the United States even exist, except as a concept?” All the land
is within the states –even D.C.– which belongs to Maryland and Virginia (they ceded land to
Washington D.C., but “cede” means to obtain authority over, not own as evidenced by
Virginia’s retro-ceding its former part of D.C. on the south side of the Potomac)
4. If the United States doesn’t exist, how can anything derive from it, such as a ‘citizen’?
Conclusion
The federal scheme, as Weisman explains very well, is the following: although governments may not
be operating under lawful constitutional authority, they are not operating unconstitutionally, either;
how they are operating is ‘non-constitutionally’. They are operating under contract with the people –
with each one who has requested a benefit, privilege, or license; is registered to vote, has any kind of
debt, is a government employee or beneficiary, etc. All of these categories of unilateral contracts –
never signed by the government, only signed by the one agreeing to the terms and conditions- invokes
all the statutes, codes, ordinances, rules, policies, etc. from whichever level of government he/she is
contracting with.
11
pg. 641 The Federal and State Constitutions Colonial Charters, and Other Organic Laws of the States, Territories, and
Colonies Now or Heretofore Forming the United States of America (Thorpe) Compiled and Edited Under the Act of
Congress of June 30, 1906 by Francis Newton Thorpe Washington, DC : Government Printing Office, 1909;
https://archive.org/details/federalstatecons01thoriala
5
California code is very simple and clear on this. It’s all about contracts:
“Every person [de facto] is bound, without contract, to abstain from injuring the person or property
of another [de jure], or infringing upon any of his or her rights.”12 (keep in mind: state code applies
to state agents and policy enforcers, as well as those who contract to be under its jurisdiction).
So the solution for those wanting to be free from unlimited government and from liability for a share of
the out-of-control national debt is to have no contracts invoking government jurisdiction. It’s not an
easy task, but it can be done. The enjoyment of freedom from government is well worth occasional
inconveniences that, once the work-arounds become the norm, are less and less a difficulty.
An important consideration is what form of law is one under without lawful government? Is it common
law, or one’s own law, military law, God’s law, or no law? Common law is unwritten law, or the law
of custom and usage. If it’s unwritten, how can one quote it or send it so someone else? How can one
expect someone else to have the same definitions or interpretations than the one claiming it? Based on
the logic that a definition of terms in included as an appendix in a public notice, anyone writing his
own law would be prudent to publish it and lawfully notice everyone he might encounter, in advance.
There’s a good argument that the military law (Lieber Code, or General Orders 100) invoked during
the war between the states and the federal government still exists. But does the military have authority
if the people haven’t given it authority? A likely answer is “yes”: armed authority. But that is the law
of military force, not peace. Actually, the U.S. Army Law of Peace Pamphlet, PAM 27-161-1 sets forth
the military law for peace, but what is its authority without the people establishing lawful government?
People who believe in the creater can live under yahuwah’s law (god’s law) – yahuwah’s 10 mandates
and his eternal covenant that never changes. It is the law invoked when one swears to an oath of office
(implied, regardless of whether it’s in the actual words of the oath). Therefore for one in yahuwah’s
kingdom encountering a commercial corporate policy enforcer, the highest judge over both is the same
–yahuwah- ministering right rulings from the highest law. The Bible, although it is does not include all
the scriptures, was declared “The Word of God” by Congress,13 which acknowledged the “formative
influence the Bible has been for our Nation, and our national need to study and apply the teachings of
the Holy Scriptures.” If “govern-ment” is ‘control of thought’, who would be better to govern than the
creater, upon whose shoulders is government?
This writing was intended to provide some answers for people who wonder why government seems to
act contrary to their best interest and against life, liberty, and the pursuit of happiness.
As George Washington said: “"Government is not reason; it is not eloquence; it is force! Like fire, it is
a dangerous servant and a fearful master."
12
California Civil Code §1708
13
Public law 97-280, October 4, 1982
6
The People’s (non-)Ratification of California’s 1879 Constitution
Recently examined was a document titled “Fraudulent Adoption of the 1879 Constitution of
California”, part of court records of a lawsuit against the Church of Scientology from 20 years
ago. The document references “Exhibit B” as being the key evidence for the fraudulent
adoption of the Constitution with this paragraph:
It is a fact that "citizens of California" were never authorized to vote for the "adoption" of the
1879 quasi/constitution. Only "citizens of the United States" were authorized to vote for the
1879 quasi/constitution see Exhibit B. Note that "exhibit B" acknowledged that is was a
revision of "exhibit A". The express statement of "citizen of California" was purposefully
removed by "revision" in the creating of the quasi/constitution of 1879
Unfortunately, Exhibit B is missing from the 5-page referenced document; however it also says
that the key evidence was found at the Los Angeles Law Library.
Instead of traveling to LA, the website for California Statutes at Large (record of session laws)
was checked to see if the evidence in “Exhibit B” was the enabling act or any other record for
voting or ratification in 1879 for the new Constitution. The California State Statutes are
available in pdf from 1850 until well after 1900, but for some reason the year 1879 is missing
from the state statutes website.
After a call to the local Law Library, which doesn’t have state statutes “going that far back”,
the LA Law Library was called and the question asked. An hour later a return call reported that
the LA Law Library does not have the State Statutes for 1879.
A call was then made to the state Archives in Sacramento asking the same question. An
archivist said he would check and call back with the answer, but he suggested that in the mean
time the state archives website be checked for the information it has on the 1879 Constitutional
Convention.
He directed me to http://www.sos.ca.gov/archives/collections/constitutions/1879/ where I saved
the pdf files found there and started by reading “Inventory of the Working Papers of the 1878-
1879 Constitutional Convention”, listed on the web page as “Finding Aid (PDF)”.
On page 11, a parenthetical remark in the 2nd full paragraph states “the legislature did not
convene that year”, referring to 1879, because all legislators were occupied from October 1878
until April 1879 writing the new constitution. So this answered the question “where are the
1879 California Statutes at Large?” There aren’t any session laws because there was no
legislative session that year.
So what and where is the evidence in “Exhibit B”?
Above “Finding Aid (PDF)” on the referenced web page is “User’s Guide (Read Me First)” ;
clicking on it opens a new window: “User's Guide – 1878–1879 Constitutional Convention
Working Papers”, which has 3 html links for ‘Volumes 1, 2, & 3’. These volumes are titled
“Debates and proceedings of the Constitutional convention of the state of California, convened
at the city of Sacramento, Saturday, September 28, 1878”
Going to near the end of Volume 3, on page 1414 under the heading “Section 2, Circulation of
the Constitution” are two paragraphs: 1) a committee’s proposed wording for circulating the
constitution in the state for ratification and 2) a proposed change specifying that copies of the
constitution are to be sent to “registered voters”.
1
7
At the end of the proceedings of Section 2 (at the top of page 1415) the record states “The
amendment was adopted” and “The amendment of the committee, as amended, was concurred
in”.
Three other documents in the California Archives for the 1879 Constitutional Convention:
Minutes (file number F3956-269), Printer’s draft of Articles (F3956-174), and “Proposed
Amendments and Articles” (F3956-154) show the amendment in the Schedule for ratification
of the new Constitution verbatim as follows:
“Sec. 7, Every citizen of the United States, entitled by law to vote for members of the
Assembly in this State, shall be entitled to vote for the adoption or rejection of this
Constitution.”
(For those not aware of the difference between a Californian or American
and a 14th Amendment “citizen of the United States”, the article
“The Truth About the 14th Amendment” is included for edification – see bookmark.)
Article X of the 1849 Constitution states “if the people shall approve and ratify such amendment
or amendments, by a majority of the electors qualified to vote for members of the legislature,
voting thereon, such amendment or amendments, shall become part of the Constitution”. There
were only 3 proposed amendments made to the 1849 Constitution. An 1856 Amendment states
that amendments “shall be submitted to the people” … “for their ratification or rejection.” An
1862 Amendment refers to “qualified electors”, an ambiguous term. But there was no
amendment to the 1849 Constitution ratified by the people providing that amendments, revision
or changes to the entire Constitution should be ratified by “registered voters”.
A search for “voter registration in California” led to a March 19, 1866 act titled as follows:
“An Act to provide for the registration of the citizens of this State, and for the
enrolment in the several election districts of all the legal voters thereof, and for the
prevention and punishment of frauds affecting the elective franchise.”
This act, with numerous references to terms such as “Great Register”, “registered”
“registration”, “residing”, “resident”, “residence”, “person”, “persons”, and “U.S. citizen”, at
Section 27 stipulates that “registration in the Great Register” … “is sufficient evidence that the
person registered was, at the time of registration, a citizen of the United States, domiciled in the
county.”
This seems to fit the description of “Exhibit B”: “Only "citizens of the United States" were
th
authorized to vote for the 1879 quasi/constitution”. (this was only 11 years after the 14
Amendment – which ratification by the necessary number of states is in itself questionable).
Each volume of the California Statutes at Large begins with the constitution. The 1877-78
California Statutes begin with the 1849 Constitution and the 1880 Statutes begin with the 1879
Constitution. There is no enabling act in the statutes for the completely revised 1879
Constitution, other than the same verbiage preceding the 1879 Constitution that precedes the
1849 Constitution (which was written by necessity because it was before there was any
legislature or state officers). But the following statement preceding the 1879 Constitution is
deceptive:
“ADOPTED IN CONVENTION, AT SACRAMENTO, MARCH THIRD, EIGHTEEN HUNDRED
AND SEVENTY-NINE; RATIFIED BY A VOTE OF THE PEOPLE ON WEDNESDAY, MAY
SEVENTH, EIGHTEEN HUNDRED AND SEVENTY-NINE.”
2
8
The statement of ratification for the 1879 Constitution does not state “ratified by a vote of the
registered voters” or “ratified by a vote of the citizens of the United States in California”, it
says “ratified by a vote of the people”. However the convention committee decision to send
ballots to registered voters means that the 1879 Constitution was ratified by citizens of the
United States, not the people.
Since the 1849 Constitution was submitted to the U.S. Congress prior to California being
offered entry into the United States, it seems logical that the completely re-written 1879
California Constitution would similarly be required to be ratified by Congress. But that didn’t
happen.
Also, one would expect an act of the legislature or a statement in the new constitution stating
that it replaces the old constitution, but neither can be found.
The logical conclusions of the above information are the following:
1. The 1879 California constitution was not lawfully ratified in accord with the 1849
Constitution, i.e. ratified by the people.
2. The 1849 California Constitution remains in effect.
3. The 1879 constitution created a new form of law –administrative law1 – separate from
the de jure law established by the 1849 Constitution.
4. The 1879 California constitution, along with all of its amendments and revisions
currently in effect as California codes can be voluntarily acquiesced to by anyone
entering into the jurisdiction of said codes via contract, benefit, or privilege.2
5. What the state purports to be the current Constitution –California Code– is not law as
codes do not apply to anyone who has no contract with the de facto State Government.3
1
The 1879 constitution constructs a private system of legislative administration for newly created 14th
Amendment (2nd class) “citizens of the United States” through un-enacted statutes, revised statutes, and
codes, separate from the law that applies to the people. People requesting benefits or privileges from the
government, commercial, or banking systems (for example credit, insurance, a bank account, or
registering to vote) voluntarily and unknowingly acquiesce to and take on the label of “citizens of the
United States”, a fictitious entity domiciled in Washington, D.C. written in all capital letters.
2
"Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only,
a government can interface only with other artificial persons. The imaginary, having neither actuality
nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation
of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with
anything other than corporate, artificial persons and the contracts between them."
- S.C.R. 1795, Penhallow v. Doane's Administraters (3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54).
3
CALIFORNIA CIVIL CODE §1708. Every person is bound, without contract, to abstain from injuring
the person or property of another, or infringing upon any of his or her rights.
3
9
ORIGINAL FILED JULY 29 1997 LOS ANGELES SUPERIOR COURT
Stephen Mitchell
c/o 12400 Ventura Blvd. #137
Studio City, California (18 U.S.C. 1342)
213-874-3534
Lisa Jan Precious

c/o 12358 Ventura Blvd. #245
Studio City, California (18 U.S.C. 1342)
818-985-6220
Kathleen Carey
c/o 5152 Sepulveda, Suite 205
Sherman Oaks, California (18 U.S.C. 1342)
818-789-0954
Stephen Mitchell, Lisa Jan Precious, Kathleen Carey

In propria persona [NOT PRO SE]
In the superior court[1] for Los Angeles county, California
___________________________________________________________
FOOTNOTE 1: Concurrent with and equivalent to the district court as created in the
Constitution of the State of California of 1849, and the seventeenth judicial dietrict, see
Stats 1872, ch. CXIV, p. 116
Stephen Mitchell; Lisa Jan Precious; Kathleen Carey

Plaintiffs/Demandants,
vs.
DAVID MISCAVIGE, a person, in the capacity as Chairman of the Board of the

Religious Technology Center and Inspector General of the Church of Scientology
MIKE RINDER, a person, in the capacity as head of the Office of Special Affairs
International
JOHN/JANE DOE #1, a person, in the capacity as head of the L. Ron Hubbard Library
JOHN/JANE DOE, #2-99
Defendants/Respondents,
Case No. BC175367

Affidavit of Truth in Support of
Verified Complaint for Libel
10
The 1879 quasi-constitution has no lawful effect due to the following:
1. It is a fact that the "citizens of California" were expressly authorized to vote for the
adoption of the Constitution for the State of California of 1849, see exhibit A.
2. It is a fact that "citizens of California" were never authorized to vote for the
"adoption" of the 1879 quasi/constitution. Only "citizens of the United States" were
authorized to vote for the 1879 quasi/constitution see Exhibit B. Note that "exhibit B"
acknowledged that is was a revision of "exhibit A". The express statement of "citizen of
California" was purposefully removed by "revision" in the creating of the
quasi/constitution of 1879.
3. This revision hereinabove shown where "citizen of California" was removed, is

especially notable when it is taken into consideration that another section from the 1849
Constitution, specifically Article XI, Section 2, see Exhibit C, remained unchanged when
placed in the 1879 quasi/constitution at Article XX, Section 2, see Exhibit D, and
specifically acknowledged the "citizen of this state". It is clear that the "citizen of this
state", i.e. the "citizen of California", is acknowledged in, but not authorized to vote
for the adoption of, the quasi/constitution of 1879.
4. It is indisputable that in the time frame of the 1870's, that it is defined in decisional
law that a "citizen of the United States" as created under the Fourteenth Amendment to
the federal constitution was specifically nothing more than one of the "freed slaves" (or
their offspring) after the Civil War. See Cory v. Carter, 48 Ind. 327, 349 [1874] see
Exhibit E, and Van Valkenburg v. Brown, 43 Cal. 43, 47 [1872] see Exhibit F.
5. It is clearly documented that the effective date of the quasi/constitution was repealed
November 8, 1960.
6. Virtually the entire quasi/constitution of 1879 was repealed and replaced from 1949
through 1976 without any lawful authority. The Plaintiff can find no source of any
lawful authority to "repeal", whether it be in the quasi/constitution of 1879 or the organic
Constitution for the State of California of 1849.
7. There is a fundamental, indisputable difference between the act of "amending" and

the act of "repealing".
7a. Amend. To Improve. To change for the better by removing defects or faults. To
change, correct, revise. Black's Law Dictionary, 6th Edition.
7b. Repeal. The abrogation or annulling of a previously existing law ... . To revoke,
abolish, annul, to rescind, or abrogate by authority. Black's Law Dictionary, 6th Edition.
8. The following is a listing of the great majority of repealing that took place which was
beyond any authority to "amend" or "revise" if the quasi/constitution of 1879 was
actually lawfully in effect.
11
9. In addition the fact presented hereinabove concerning the specific and limited
authorization to vote for the adoption of the quasi/constitution of 1879, the fact of the
"repealing" is hereby submitted as evidence that the quasi/constitution of 1879 was not,
is not, and cannot have any lawful effect as the valid "Constitution for the State of
California".
Article I,
Section 1-2 repealed November 5, 1974
Section 3 repealed November 7, 1972
Section 8 - repealed November 8, 1966
Section 26a - repealed November 8, 1949
Article II, repealed November 7, 1972
Article III, repealed November 7, 1972
Article IV, Section 1 repealed November 8, 1966
Section lb-5 repealed November 8, 1966
Section 22a repealed November 8, 1966
Section 25 1/2 repealed November 8, 1966
Section 25.7 repealed November 8, 1966
Section 28 repealed June 8, 1976
Section 31d-38 repealed November 8, 1966
Article V repealed November 8, 1966
Article VI repealed November 8, 1966
Article VII repealed November 8, 1966
Article VIII repealed November 8, 1966
Article IX, Section 4 repealed November 4, 1963
Article X, repealed November 7, 1972
Article XI, repealed June 2, 1970
Article XII, repealed November 5, 1974
Article XIII, repealed November 5, 1974
Article XIV, repealed June 8, 1976
Article XV, repealed June 8, 1976
Article XV, Section 2-9, repealed November 6, 1962
Section 12, repealed November 6, 1962
Section 15-21, repealed November 6, 1962
Article XVII repealed June 8, 1976
Article XVIII repealed November 3, 1970
Article XIX repealed November 4, 1952
Article XX, Section 1 repealed November 7, 1972
12
Section 3.5 repealed November 3, 1970
Section 10, 11 repealed June 8, 1976
Section 12 - 14 repealed November 3, 1970
Section 17-17 1/2 repealed November 3, 1970
Section 19 - 21 repealed June 8, 1976
Article XXI, repealed November 7, 1972
(note that an "new Article III, section 2, acknowledged the existence of the 1849
Constitution as the authority for the statement of the boundaries of California.)
Article XXII,
Section 10-12, repealed November 8, 1960
Article XXII (totally) repealed June 6, 1972
Article XXIII, repealed June 8, 1976
Article XXIV, repealed June 8, 1976
Article XXV, repealed November 8, 1949
Article XXVII, repealed November 3, 1970
Article XXVIII, repealed November 5, 1974
10. Based on the foregoing, the Plaintiff demands and requires:
10a. This Court shall take judicial notice 'of the fact that the Constitution for the State of
California of 1849 is currently valid and in effect.
10b. This Court shall take judicial notice of the fact that the quasi/constitution of 1879
amounts to nothing more than an "extension of the code" and any lawful effect that it
may or may not have does not supersede the Constitution for the State of California of
1849.
We, Stephen Mitchell, Lisa Jan Precious, and Kathleen Carey, hereby swear under
penalty of perjury, under the law of the Land in California, one of the United States of
America, that paragraphs numbered 1 through 10 hereinabove are true and correct and
so done in good faith to the best of our knowledge and belief.
Subscribed and sworn this twenty-ninth day of the seventh month, in the year A.D.
nineteen hundred ninety seven.
13
[L.S.] (SIGNATURE: STEPHEN MITCHELL) seal
Stephen Mitchell
[L.S.] (SIGNATURE: LISA PRECIOUS) seal

Lisa Jan Precious
[L.S.] (SIGNATURE: KATHLEEN CAREY) seal

Kathleen Carey
[Home] . . [Documents] . . [$190,000,000 Libel Suit]
14
Inventory of the Working Papers of the
1878-1879 Constitutional Convention
California State Archives

Office of the Secretary of State
Sacramento, California
Contact Information:
California State Archives
1020 O Street
Sacramento, CA 95814
Phone: (916) 653-2246
Fax: (916) 653-7363
E-mail: [email protected]
URL: http://www.sos.ca.gov/archives/archives.htm
Processed by: Inventory prepared by: Date completed:

Archives staff Pat Ooley 1993
© 2008 California State Archives, Office of the Secretary of State. All rights reserved.
15
Contents
Page
Historical Context and Background 3-19
Series Descriptions of Working Papers 20-49
Appendix A: Lists of Delegates 50-56
Appendix B: Committee Membership 57-61
Appendix C: List of Articles 62-63
Appendix D: References Cited 64-65
16
HISTORICAL CONTEXT AND BACKGROUND
The framers of California's first state constitution of 1849 provided for both
constitutional amendment and revision in Article X of that document--"Mode of
Amending and Revising the Constitution." Section one outlined the procedure for
amending the constitution, and section two presented procedural guidelines for revising
the entire document.1
According to Article X, any proposal to amend or revise the state constitution had
to originate in the legislature. After a majority of both houses of two consecutive
legislatures approved an amendment, it was submitted to the people for ratification. If
ratified by a majority of the electors voting at the election, the amendment became part
of the constitution.2
Any proposal to revise or change the entire constitution had to be approved by

two-thirds of both houses of the legislature. After concurrence, the legislature would
enact a statute "recommending" the electors to vote for or against calling a
constitutional convention. If a majority of electors casting ballots voted for the
convention, the legislature, during its next session, had to enact another statute that
would provide for the convention. Within six months of the passage of the statute, the
convention would convene. The minimum number of convention delegates had to equal
the total membership of both houses of the legislature.3
In 1857, California voters ratified an amendment that added four sentences to

Section two of Article X of the constitution. The amendment provided procedural
guidelines for the remainder of the revision process. The new constitution adopted by
the convention would be submitted to popular vote for ratification at a special election
called for that purpose. Voters would deposit "tickets" inscribed either "For the New
Constitution," or "Against the New Constitution" in the ballot box. Specifically named
state officers counted and certified the election returns to the governor. If the "majority
of the whole number of votes cast" were in favor of the revised document, the executive
of the state then declared, by proclamation, that the revised document was the
constitution of the state.4
It is important to note that at each election in the amendment or revision process,

1
J. Ross Browne, Report of the Debates in the Convention of
California on the Formation of the State Constitution in
September and October, 1849, reprint ed. (New York: Arno Press,
1973), Appendix, "Constitution of the State of California," p. x.
2
Ibid.
3
Ibid.
4
Statutes of California, 1855, "Proposed Amendments to the
Constitution," pp. 311-12.
17
the votes in favor of either change had to represent a majority of the total ballots cast at
the election, rather than simply more yes than no votes. For example, electors voted for
or against calling a convention at the same time that they voted for assembly members
at general elections. An elector had the choice of voting for the convention, against the
convention, or not voting at all on that issue. Prior to 1877, the legislature called the
question of constitutional revision at three general elections, but a majority of voters
chose not to address the question on their ballots. Although more electors voted for
than against the convention, the affirmative votes did not constitute a majority of votes
actually cast. The call to revise the constitution was repeatedly defeated.5
On April 3, 1876, the California legislature passed An Act recommending to the

electors of the state to vote for or against a Convention to revise and change the
Constitution of the State (Chapter 516, Stats. 1875-76). The statute called for the
electors to vote for or against a constitutional convention, "at the first general election
for members of the Legislature had after the passage of this Act." In the September 5,
1877, general election, 73,460 of the 146,055 electors casting ballots voted "for the
convention," 44,214 electors voted "against the convention," and 28,381 declined to
address the issue on their ballots. The 73,460 votes "for the convention" represented a
majority of the total ballots cast in the election.6
The California Legislature passed on March 30, 1878, An Act to provide for a
Convention to frame a new Constitution for the State of California (Chapter 490, Stats.
1877-78). The statute called for a special election to be held on the third Wednesday in
June, 1878, for the purpose of electing delegates to the convention. The act provided
that a total of 152 delegates be elected, consisting of 120 delegates specifically
apportioned by county, and thirty-two delegates elected "at large," eight from each
congressional district. As in legislative and congressional districting, the legislature
based apportionment on population.7
In the eighty days that passed between the passage of the act and election day
(June 19, 1878), California's political parties quickly organized for the purpose of
nominating delegates. While the conservative, moderate, and liberal press editorialized
5
Carl Brent Swisher, Motivation and Political Technique in
the California Constitutional Convention, 1878-79 (New York: Da
Capo Press, 1969), p. 17. Swisher noted that in 1857, and again
in 1859, more votes were cast for calling a constitutional
convention then against it, but the proposition failed both times
because the "for" votes did not constitute a majority of the
total ballots cast. He added, "The legislature which was
dominated by the independent party, in 1873-74, recommended that
a convention be called, but again the project failed."
6
Statutes of California, 1875-76, p. 791; Secretary of
State, Election Papers, Statement of Vote, September 5, 1877
General Election, California State Archives, Sacramento,
California.
7
Statutes of California, 1877-78, pp. 759-65.
18
about candidates in their newspapers, state political conventions met in San Francisco.
Local party organizations held county and municipal meetings. By June 19, six major
parties were running tickets. The Non-Partisan Party consisted of a coalition of old-line
Democrats and Republicans. Those delegates appearing on the straight Democratic or
Republican tickets were running in opposition to the old-line Democratic and Republican
parties. The Workingmen's Party of California (WPC) was a new party organized
principally by Denis Kearney in San Francisco. The Anti-Kearney Workingmen
represented a small faction headed by Frank Roney that had broken away from
Kearney's leadership. The National Labor Party aligned itself with the socialist
Workingmen's Party of the United States (not associated with the WPC).8
On June 19, 1878, voters elected the 152 convention delegates on two principal
and two lesser political tickets. The Non-Partisan ticket supplied the convention with
seventy-nine representatives, a majority. The next largest ticket, the Workingmen's
Party of California, filled fifty delegate positions, most of those coming from San
Francisco. Voters also elected thirteen Republicans (including two who ran as
Independents), and ten Democrats from the "rebellious" straight party tickets (see chart
one for a listing of all delegates).9
THE PROCEEDINGS
Following the procedural guidelines as outlined in the enabling act of 1878, the
elected delegates met "in Convention in the Assembly Chamber at the Capitol, in the
City of Sacramento, on the twenty-eighth of September, eighteen hundred and seventy-
eight, at twelve o'clock M." Although the act stipulated that "no compensation shall be
allowed delegates after the expiration of one hundred days," the convention lasted until
March 3, 1879, 157 days. The convention actually convened a total of 127 days,
working Monday through Saturday, and taking five holidays. The delegation did not
meet on Sundays (a total of twenty-three days), or on Columbus Day (Saturday,
October 12), Thanksgiving (Thursday, Friday, and Saturday, November 28, 29, and 30),
Christmas (Wednesday, December 25), New Years (Wednesday, January 1), or on
George Washington's birthday (Saturday, February 22).10
8
T. J. Vivian and D. G. Waldron, Biographical Sketches of
the Delegates to the Convention to Frame a New Constitution for
the State of California, 1878 (San Francisco: Francis &
Valentine, 1878), p. 14.
9
Secretary of State, Election Papers, Statement of Vote,
June 19, 1878 Election, California State Archives, Sacramento,
California; Vivian and Waldron, Biographical Sketches of the
Delegates to the Convention, pp. 1-14; E. B. Willis and P. K.
Stockton, Debates and Proceedings of the Constitutional
Convention of the State of California, Convened at the city of
Sacramento, Saturday, September 28, 1878, Vol. 1, (Sacramento:
State Printing Office, 1881), pp. 3-4.
10
Statutes of California, 1877-78, p. 762; Secretary of
5
19
Organization
The delegates spent the first ten days of the proceedings organizing the
convention. Organization included choosing officers, filling vacancies, establishing rules
and orders of business, and installing the several committees that would review and
revise the constitution, article-by-article. It was during this period of organization that
the two principal political factions struggled to gain authority over the proceedings. The
WPC, which had been meeting in caucus prior to convening, battled with the small but
politically prominent group of conservative Non-Partisans. At stake were the strategic
positions of convention president and delegate seats left vacant by resignation and
death.
Governor William Irwin presided over the convention until the body elected a
president from its own number. For the first two days Irwin called the proceedings to
order, administered oaths of office to delegates, and appointed temporary staff.
Secretary of State Thomas Beck served as temporary secretary, calling the roll and
reading resolutions.
On the afternoon of the second day (Monday, September 30), after heated
debate and five roll-call votes, the delegation elected Non-Partisan Joseph P. Hoge
president of the convention. The following day, again after five roll-call votes and much
debate, the delegation elected J. A. Johnson, nominated by the Non-Partisans,
secretary of the convention. After a committee of seven delegates had determined the
number and compensation of officers needed, President Hoge appointed such officers
as porters, pages, door-keepers, post master, and mail carrier. The delegation elected
the remaining officers--president pro tem, assistant secretaries, sergeant-at-arms,
assistant sergeant-at-arms, minute clerk, and journal clerk. By October 4, the
Committee on Mileage and Contingent Expenses had determined the mileage and per
diem to be allowed to each delegate, and the pay of officers.
Although the question of the necessity and compensation of a phonographic

reporter (or stenographer) caused repeated debate during the convention, by the sixth
day, October 4, the convention adopted resolutions providing for a written record of the
debates and proceedings. The enabling act had provided for stenographers, but stated
only "[t]he Convention may select Phonographic Reporters, and fix the amount of their
compensation." E. B. Willis and P. K. Stockton's Debates and Proceedings of the
Constitutional Convention, is a verbatim account of the entire proceedings published by
the State Printing Office in 1881. Beginning on September 28, 1878, the published
Debates indicate that stenographers must have been present from the first day.11
State, California Constitution, 1879, Working Papers of the

Constitutional Convention, 1878-79, Minutes, September 28, 1878
to March 3, 1879, box 15-18, California State Archives,
Sacramento, California.
11
Statutes of California, 1877-78, p. 762; Willis and
6
20
On October 4 and 5, the delegates were busily engaged with the task of filling
vacancies. The heated debate of that Friday and Saturday centered on the political
camps of the replacement delegates. The legislature had, in the enabling act, provided
for the filling of vacancies through election by the remaining delegates. The act did not,
however, stipulate whether the nominations should come from runners-up from the
popular election, or whether the replacements should come from the same political
party as the original delegate. Thomas Morris, WPC delegate from San Francisco, is an
example. Because he was not an American citizen, Morris had to resign his seat at the
convention. The WPC delegation struggled ferociously to seat another WPC candidate
who had run during the election; but, after seven roll-call votes, Smith B. Thompson, a
Republican teacher-carpenter from San Francisco, took his seat.12
During the course of the convention, four vacancies occurred due to death, and
one vacancy was caused by the "insanity" of a delegate. Former governor Henry H.
Haight had been elected on the Non-Partisan ticket, second congressional district, but
died before the convention convened. George M. Hardwick, a Non-Partisan delegate
representing Merced and Mariposa counties, also died before the convention convened.
On October 5, the convention elected Non-Partisans J. West Martin and James M.
Strong to replace Haight and Hardwick respectively.
In mid-November James M. Strong died. By late November Bernard F. Kenny,

WPC delegate from San Francisco, had also died. The delegation did not act on the
vacancies until December 18, when they elected William J. Howard of Mariposa County
to replace Strong, and John J. Kenny of San Francisco to fill the vacancy caused by the
death of his brother Bernard. Kenny was the only replacement to come from the ranks
of the WPC.
On October 21, delegate William W. Moreland, Non-Partisan from Sonoma

County, presented a resolution that addressed the "suggested" vacancy caused by the
"insanity" of delegate Jehu Berry, Democrat from Siskiyou and Modoc counties.
Moreland moved that "on Friday the 25th day of October, 1878 at 11 o'clock A.M.," the
convention "proceed to the election of some qualified person to fill said vacancy." On
motion of WPC delegate Henry Larkin, the delegation tabled the resolution and did not
attempt to fill the vacancy at any later date. On October 23, the minute clerk recorded
that Berry, who had been absent since October 14, had been granted indefinite leave of
absence "on account of sickness." Jehu Berry did not return for the remainder of the
convention, and was not present at the signing of the constitution on March 3. Perhaps
thinking Moreland's resolution in poor taste, and out of respect for Berry's privacy and
illness, the convention did not fill his vacancy or address the issue further in the
debates.13
Stockton, Debates and Proceedings 3 vols.

12
Swisher, Motivation and Political Technique, Chapter Three,
"Organizing the Convention," pp. 32-44.
13
Working Papers, Minutes, September 28, 1878 to March 3,
7
21
On October 2, President Hoge appointed members to the Committee on Rules
and Order of Business. By October 7, the committee supplied the delegation with a list
of standing committees (delegate members to be appointed by the chair), and with the
Standing Rules and Orders of the convention. The following two days President Hoge
announced the standing committees along with the names of delegates assigned to
each committee (see chart two).
The rules committee had established thirty separate standing committees.

Twenty-five committees were to consider individual topics or articles to be included in
the constitution. Five committees would handle the special business of the convention
and oversee the actual construction of the document. The twenty-five committees, such
as the committees on the Preamble and Bill of Rights, Right of Suffrage, Legislative
Department, Executive Department, and Judicial Department, were responsible for the
drafting of individual articles of the proposed constitution. The five remaining
committees were: Revision and Adjustment, Reporting and Printing, Engrossment and
Enrollment, Privileges and Elections, and Mileage and Contingent Expenses.
President Hoge occasionally appointed members to special committees created

to handle specific, immediate problems. Examples were the committee on a
Phonographic Reporter, and the committee on Additional Employees. The delegation
authorized the committees to determine the necessity and compensation of an official
stenographer, and additional staff. At times the convention requested a regular
standing committee to consider a problem outside of their normal article review and
advise the body in a special report. For example, the Committee on the Judicial
Department provided a special report which determined the legislative intent of the
enabling act regarding funds chargeable with the expenses of the convention. The
delegation also asked that committee to report on the eligibility of Judge Eugene
Fawcett of Santa Barbara to his seat in the convention. The 1849 constitution had
specifically restricted judges from holding any other constitutional offices while on the
bench (Article VI, Judicial Department, section sixteen).14
The seventy-three-item "Standing Rules and Orders" adopted by the delegation

on October 8, set out the rules for the proceedings as well as guidelines for conducting
the business of the convention. Using Cushing's Law and Practice of Legislative
Assemblies (specifically cited in rule fifty-nine), the committee reiterated recognized
rules of conduct, debate, and procedure for legislative and parliamentary bodies. The
1879, box 15-22; Willis and Stockton, Debates and Proceedings,

pp. 781, 1124, 1495; the roll calls of the published debates
incorrectly show Berry as present on December 20, January 23, and
March 1. The roll calls and voting records contained in the
Minutes for those same days verify that Berry was not actually
present.
14
Browne, Report of the Debates . . . 1849, Appendix,
"Constitution of the State of California," p. ix.
22
convention rules ranged in subject from the hour of convening (rule one), to debate
decorum (rules forty-two, forty-four, and forty-six), to a prohibition against smoking in
the assembly chamber (rule sixty-seven). With the exception of a prohibition against
amending or suspending rules fifty through fifty-three and fifty-five regarding the
amendment process, convention rules could be amended by a two-thirds vote of the
members present. Throughout the convention, members debated and amended the
rules.15
Rule seventeen of the "Standing Rules and Orders" established the official
succession of daily business of the convention. The eleven part "Order of Business"
proceeded in the following sequence:
1. Roll Call
2. Reading and Approval of the Journal
3. Presentations of Petitions and Memorials
4. Communications from State Officers
5. Reports of Standing Committees
6. Reports of Select Committees
7. Introduction of Resolutions and Propositions relating to the Constitution
8. Unfinished Business
9. Special Orders
10. General Order
11. Miscellaneous Motions and Resolutions16
According to the rules committee, the Petitions and Memorials referred to in part
three included "remonstrances" and "communications from individuals and public
bodies." Throughout the proceedings individuals and public groups petitioned the
delegation in the interest of such issues as equal taxation, convict labor, mechanic's
liens, women's suffrage, "Local Option" liquor laws, and recognition of the sabbath in
the constitution. The working papers contain over forty such petitions, some with
signature pages attached measuring over fifteen feet in length. Each day, after the
presentation and reading of petitions and memorials, President Hoge referred them to
15
The following ninth edition of Cushing's Lex Parliamentaria
Americana is available in the law section of the California State
Library, Sacramento. Perhaps it is the same edition used by the
constitutional convention. Luther Stearns Cushing, Elements of
the Law and Practice of Legislative Assemblies in the United
States of America (Boston: Little, Brown, and Company, 1874); In
addition to the draft of the "Standing Rules and Orders"
contained in the working papers, a complete listing of the
"Rules" of the convention, as adopted October 8, 1878, appears in
Willis and Stockton's Debates and Proceedings. pp. 60-64.
16
Working Papers, Committee Papers, Committee on Rules and
Order of Business, "Standing Rules and Order of Business," p. 14,
box 2.
23
the appropriate standing committee. After considering the petitions, the committees
either favored the interest with inclusion in their articles for the constitution, or
recommended no action at all.17
Often committees asked state officers, such as Secretary of State Thomas Beck,
to supply data that they required for construction of constitutional articles. The fourth
order of business, "Communications from State Officers," included "communications
from public officers, and from corporations in response to calls for information." In
addition to Secretary of State Beck, state officers such as Surveyor General William
Minis, Superintendent of State Printing Frank P. Thompson, State Controller William B.
C. Brown, and Adjutant General P. F. Walsh sent reports to the delegation in response
to inquiries. As with public petitions, the secretary read the reports to the delegation
and the president then ordered them referred to the appropriate committee for action.18
Revising the Constitution
Following part seven of rule seventeen, "Order of Business," each delegate had
the opportunity to present two independently proposed amendments to the constitution.
By October 9, much of the organization of the convention had been completed. The
delegates began to submit their "propositions" (proposed amendments) as the secretary
called their names in alphabetic, roll-call order. A delegate handed his proposed
amendment or amendments to the secretary, who read them to the body and numbered
them sequentially. The chair then ordered each proposition printed and referred to the
appropriate committee. The committees considered the individual propositions for
inclusion in their new articles of the constitution. On October 10, the delegation adopted
a resolution that all propositions be submitted as an article or section of an article "in the
proper form to be embodied in the constitution."19
Delegates submitted proposed amendments on almost a daily basis until

December 4, when the minute clerk recorded the receipt of amendment number 519 in
the "minutes." After December 4, the delegates continued to present their propositions,
but less frequently. By late January 1879, the secretary had numbered 538
amendments. Not all of the original drafts of the proposed amendments are extant, and
some were not numbered. However, the state printing office created two bound
volumes of printed, sequentially numbered proposed amendments entitled "Proposed
17
Ibid.; Working Papers, "Public Petitions and Memorials,"
box 3.
18
Order of Business, "Standing Rules and Orders," p. 14, box 1;
Working Papers, Reports from State and Municipal Agencies, box 2.
19
Order of Business: Report, "Standing Rules and Orders," box 1;
Minutes, October 10, 1878, box 16.
10
24
Amendments to the Constitution, 1878-79."20
Much of the construction of the constitution took place during the meetings of the
standing committees of the convention. Unfortunately, little evidence remains to
indicate what actually occurred in committee chambers. Although committees
employed clerks, with the exception of a few pages of Revenue and Taxation committee
minutes, standing committee meeting minutes are not extant in the working papers.
The working papers and published Debates and Proceedings of the convention contain
committee majority and minority reports and drafts of articles, but they do not contain
accounts of standing committee debate. It should be noted that the convention
provided desks for newspaper correspondents to cover the proceedings. On October
15, the convention tabled a resolution presented by delegate Charles Beerstecher
stating that the "accredited" members of the press should "be privileged to be present at
all regular meetings of standing committees." The researcher is advised to review
newspapers such as the Sacramento Record-Union and the Sacramento Bee for
evidence of debate in committee chambers.21
Meeting in separate rooms and chambers of the capital building (the legislature
did not convene that year), the committees probably met in the early afternoons and
evenings until they had completed their article draft. Rule fifty-four of the "Standing
Rules and Orders" prohibited committee meetings while the convention was in session.
On October 15, Henry Edgerton presented a resolution calling for daily adjournment
"after completing the sixth order of business" from October 15 to October 23 to allow for
committee meetings. The convention adopted the resolution, resolving that the
committees begin reporting back to the body by October 23. The convention minutes
indicate that for seven days, October 16 to October 23, the convention adjourned for the
day before 11:00 a.m. Because the convention typically adjourned at approximately
5:00 p.m. daily, the early hour indicates that the delegates adjourned early to
reassemble into committees.22
Although the committee on the Preamble and Bill of Rights reported back to the
20
Working Papers, Minutes, October 9, 1878 to January 30,
1879, boxes 16-20. The California State Archives has only the
first volume of "Proposed Amendments to the Constitution, 1878-
79" (WPA #363, Rare Books Library), which contains amendments one
through 369. Volume two may perhaps be found at the California
State Library, Law or Government Publications divisions. The
volumes were probably created for the use of the convention and
not published because volume one contains no publication data
page.
21
Working Papers, Minutes, October 15, 1878, box 16.
22
Order of Business: Report, "Standing Rules and Orders," box 1;
Working Papers, Minutes, October 15-23, 1878, box 16.
11
25
convention on October 24, many committees did not report until late December or
January. No doubt many committees were ready to report, but could not because the
convention was occupied with debating and amending previously reported articles.
Additionally, newly constructed or controversial articles, such as Revenue and Taxation
or Corporations, probably required more time in committee to complete than simply
revised articles such as State Indebtedness or Education. The extant minutes of the
committee on Revenue and Taxation, dated October 16-18, 21-23, and 29, contain
entries such as "7-P.M." and "Evening Session." The committee reported the article on
Revenue and Taxation on December 24. The time-consuming debate that followed
(eleven days in Committee of the Whole, five days in convention, and two days for
second reading) indicates that much contention surrounded the article.23
Each of the twenty-two articles that ultimately comprised the new constitution
proceeded through the same schedule of activity. Standing committees drafted articles
and reported them to the convention. Each delegate received a printed copy of the
article. The convention then discussed, debated, amended, or deleted portions of
articles, section-by-section, in Committee of the Whole. The Committee of the Whole
was the whole delegation resolved into a committee for the purpose of considering one
topic only. No other house business could be attended to while a parliamentary or
legislative body was in Committee of the Whole. Rule fifty-eight of the "Standing Rules
and Orders" mandated that all proposed alterations to the constitution be considered in
Committee of the Whole before being debated and finally acted on in convention. The
Committee of the Whole reviewed, debated, amended, and adopted or rejected each
section of an article by a majority vote. Every proposed amendment to each section
had to be put to a vote. Every section had to be adopted or rejected by a majority
vote.24
Each delegate again received a printed copy of each article as amended in the
Committee of the Whole, and the secretary placed the article on General File for the first
convention reading. Following rule fifty-three of the convention rules, all proposed
amendments reported by committees had to be read and then "placed on a general file
to be kept by the Secretary in the order in which they [were] reported." They would be
removed and "acted upon" in that order. By January 27, the convention began first
readings of the amended articles. The primary purpose of the first reading was to adopt
or reject the actions of the Committee of the Whole. The delegation considered each
amended section of an article in numeric sequence, either "concurring in" or rejecting
Committee of the Whole amendments by majority vote. During the first reading
process, additional amendments could be proposed and adopted or rejected by
majority. An entirely new section of an article could be proposed and put to vote, but
only after all Committee of the Whole amendments were taken up. First reading
23
Working Papers, Minutes, October 24, December 24, 1878 to
January 8, February 5-11, 25-26, 1879, boxes 16, 19-22, and
Committee Papers, box 2.
24
Order of Business: Report, "Standing Rules and Orders," box 1.
12
26
commenced on January 27 with the Preamble and Bill of Rights, and concluded on
February 20 with the Miscellaneous Subjects article. When the convention had
completed the first reading of an article, the chair would order the article to be
engrossed (formally printed) for the second reading.25
As before the first readings, the delegates began the second reading
consideration of articles with engrossed copies of each article on their desks. Beginning
February 20 and ending February 27, the delegation proceeded with the second reading
of articles at a faster pace than the first reading. The second reading process allowed
the convention to review the work they had done, amend sections of articles, or add
new sections with majority concurrence. The second reading concluded with a vote for
or against the adoption of the entire article as part of the constitution. By this step in the
revision process, most of the debate had concluded. The delegation completed the
second readings of six of the final twenty-two articles on February 20, two articles the
following day, one article on February 25, four more the next day, and nine articles on
February 27. The convention did not convene on Saturday, February 22, George
Washington's birthday, or Sunday, February 23. The convention began the second
reading of the Judicial Department article Friday, February 21, continued through
Monday, and finished the following day. After each second-reading vote on an article,
the chair referred the adopted article to the committee on Revision and Adjustment.26
The committee on Revision and Adjustment, to which the chair referred all
adopted articles, reported back to the convention on four consecutive days: Thursday
and Friday, February 27 and 28; Saturday, March 1; and Monday, March 3. On the first
day the committee advised the delegation regarding the construction of their report.
The final printed report would contain all articles, placed in recommended order and
sequentially numbered. To assist the delegation, which would have to concur in all
amendments that had been made to each article during the convention, all amendments
would be printed in italics, and any words or phrases that had been "stricken out" would
appear in brackets.27
On Friday the committee on Revision and Adjustment reported on the Preamble,

Article I (Bill of Rights), Article V (Executive Department), Article VII (Pardoning Power),
Article VIII (Militia), Article XIX (Chinese), Article XXI (Boundary), and Article XIV (Water
and Water Rights). Again the delegation reviewed all previously amended sections of
each article individually. On majority concurrence the chair referred the articles to the
committee on Reporting and Printing for enrollment (final formal printing) in the
constitution. With the exception of the Chinese article, which endured even more
25
Ibid.; Working Papers, Minutes, January 20 to February 27,
1879, boxes 19-22.
26
Working Papers, Minutes, February 20-27, 1879, boxes 21-22.
27
Working Papers, Amended Articles Reported by Committee on
Revision and Adjustment, box 13.
13
27
debate, the delegation quickly reviewed the first seven reported articles.28
The committee on Revision and Adjustment reported back the remaining fifteen
articles the following day. The committee presented on Saturday: Article II (Right of
Suffrage), Article III (Distribution of Powers), Article IV (Legislative Department), Article
VI (Judicial Department), Article IX (Education), Article X (State Institutions and Public
Buildings), Article XI (Cities, Counties, and Towns), Article XII (Corporations), Article XIII
(Revenue and Taxation), Article XV (Harbor Frontages, Etc.), Article XVI (State
Indebtedness), XVII (Land and Homestead Exemption), Article XVIII (Amending and
Revising the Constitution), Article XX (Miscellaneous Subjects), and XXII (Schedule).
The convention immediately "concurred in" the amendments to all but three of the
reported articles. The articles on the Judicial Department, Education, and Corporations
stood more debate, but were that day referred to the committee on Reporting and
Printing for enrollment with the other twelve articles.29
On Monday, March 3, the final day of the convention, the committee on Revision
and Adjustment presented each delegate with a copy of their final printed report as
promised. The report recommended some "changes of phraseology and arrangement,"
and listed the articles in recommended numbered order, one through twenty-two. The
report enumerated, section-by-section, every adopted amendment to each article. After
adopting the report, the delegation ordered it printed in the journal. Following the report
of the committee on Revision and Adjustment, the committee on Reporting and Printing,
the last committee to consider the revised articles, reported the constitution "correctly
enrolled on parchment."30 (Consult chart three for the revision process for each new
article).
Adopting the Constitution
With the exception of the reading of the constitution by the secretary, the
delegation proceeded on the final day of the 127-day convention in traditional
parliamentary manner. After the Committee on Reporting and Printing presented the
enrolled constitution, Secretary Smith began to read it. Before long the delegation
began to tire of hearing its work. After two motions, the delegates, by a vote of seventy-
four to fifty-eight, dispensed with the formality of the reading. The body then adopted
the constitution by a vote of 120 ayes, fifteen noes. (Of the 152 original delegates, 120
voted for the constitution, fifteen voted against it, fifteen delegates were absent, and two
paired with two absent members to cancel four votes).31
28
Ibid.
29
Ibid.
30
Working Papers, Minutes, March 3, 1879, box 22.
31
Ibid.
14
28
After formal adoption of the constitution, the delegates proceeded to authenticate
the document with their signatures. First, President Hoge and Secretary Smith signed.
Then, as the secretary called their names from the roll-call sheet in alphabetical order,
the delegates came to the front of the chamber and applied their signatures. The
delegation had passed resolutions on the previous day that outlined procedures for
signing, printing, and distributing the completed constitution. Delegate Henry Edgerton
presented a resolution directing the Secretary of State, in whose charge the enrolled
document would be placed, to allow any absent delegate who had not signed the
constitution thirty days to add his signature. To facilitate Edgerton's resolution,
President Hoge ordered the names of fourteen absent delegates entered in the journal.
Hoge allowed delegate George V. Smith to sign for the fifteenth absent delegate, V. A.
Gregg, because Gregg had previously given Smith authorization.32
After the last delegate had affixed his name, President Hoge called the
convention to order for the purpose of formally placing the enrolled constitution in the
custody of Secretary of State Thomas Beck. Hoge ceremoniously addressed Beck:
Mr Secretary: The Constitutional Convention, convened here by authority of law

for the purpose of framing a new Constitution for the State of California, have
instructed me to place that Constitution, duly attested by its officers and signed
by the members of the Convention, in your hands for the purpose of being
preserved in the archives of the State. In compliance with that resolution I now
place in your hand the Constitution which this Convention has framed and
adopted.
Accompanied by the applause of the delegation, Beck "stepped forward and received
the Constitution." He responded to Hoge, "Mr. President: The new Constitution which
you have placed in my hands I will safely deposit in the archives of the State, and I will
duly transmit the same to my successor in office."33
Next the convention proceeded to the adoption of their "Address to the People of
the State of California." On February 20, delegate Charles W. Cross had presented a
resolution directing President Hoge to appoint a committee of nine delegates to prepare
32
Ibid.; Willis and Stockton, Debates and Proceedings of the
Constitutional Convention, p. 1521. The fourteen names recorded
by the minute clerk were: William H. L. Barnes, Jehu Berry, H.
C. Boggs, Alexander Campbell, Eugene Casserly, David H. Cowden,
Robert Crouch, Eugene Fawcett, Charles G. Finney, Jr., James E.
Hale, John F. Miller, Alonzo E. Noel, Albert P. Overton, and
Samuel M. Wilson. The signatures of absent delegates Hale and
Overton are affixed to the enrolled constitution in alphabetical
order with the signatures of the delegates who were present on
March 3. The names of the remaining twelve absent members do not
appear on the enrolled constitution.
33
Willis and Stockton, Debates and Proceedings of the
Constitutional Convention, p. 1521.
15
29
"an address to the people of the State . . . indicating the material changes made in the
existing constitution." The delegation rejected Cross's resolution, but later adopted a
similar resolution presented by Wilbur F. Huestis. On February 24, a slim majority of
delegates adopted Huestis's resolution, sixty-two ayes to fifty-four noes. The resolution
directed Hoge to appoint a committee of one member for each judicial district "to
prepare an address to the people of the State, setting forth concisely the principal
amendments proposed by this convention to the present constitution, and . . . the
reasons therefor." On the final day of the proceedings, the convention secretary read
the address which the delegation adopted by a vote of 103 ayes to thirty noes. Copies
of the address would be distributed with the printed copies of the constitution to the
voting public.34
After they had adopted the public "address," delegates offered formal resolutions
which recorded the "thanks of the convention" to various officers and staff of the
proceedings. The delegation adopted resolutions recognizing the assistance of state
agencies as well. Resolutions formally thanked President Hoge, "the several
Secretaries and Journal Clerks," Assistant Sergeant-at-Arms Benjamin Chambers, the
pages, and porters. The convention recognized "the state officers for their prompt and
courteous response to the demands of the convention." The delegation thanked
Superintendent of State Printing Frank P. Thompson "for the prompt, efficient, and
thorough manner in which the work in his department for this convention has been
done." Thompson must have worked his staff through many evenings preparing and
printing hundreds of copies of documents that had to be ready for the next day's
business.35
Although it was the final day of the convention, Thompson's work was not nearly
finished. Thousands of copies of the constitution and the accompanying address to the
people had to be printed for public distribution. Additionally, after unanimously adopting
the resolution thanking Thompson, the convention immediately adopted another
resolution authorizing him "to print nine hundred and sixty copies of the Constitution, as
correctly enrolled, for the use of the delegates."36
The final actions of the body included presentations of gifts. Delegate Morris M.
Estee, on behalf of the delegation, conferred to Sergeant-at-Arms Thomas J. Sherwood
a watch and chain as "a slight token of [their] esteem." Estee told Sherwood that he
hoped the gift would serve as "a reminder that this Convention believed that [he] had
faithfully performed [his] duty." Delegate Joseph W. Winans presented a golden gavel
to President Hoge on behalf of the porters of the convention. Delegate George A.
Johnson, speaking for his "fraters" at the convention, presented President Hoge with a
34
Ibid., 1421, 1449, 1524.
35
Willis and Stockton, Debates and Proceedings of the
Constitutional Convention, pp. 1524-26.
36
Ibid.
16
30
collection of books by writers, essayists, critics, historians, and dramatists such as
Charles Dickens, John Motley, Washington Irving, Thomas De Quincey, Michel
Montaigne, Thomas Macaulay, and Richard Sheridan. Johnson and the "friends" of
Hoge at the convention, offered the "one hundred volumes of standard literary works"
as a "slight testimonial of their respect and regard," and to say "Farewell to Mr.
President." Hoge responded with humble thanks and a promise to "treasure [the]
beautiful gift for all time." The collection would serve as a reminder to his children after
he had "gone" that "their father had merited" the "kind consideration and approbation" of
the delegation over which he had presided.37
The delegation had completed signing of the constitution at noon on the final day,
and, by 1:00, weary delegates were moving for adjournment. Perhaps to end the
presentations and resolutions of thanks, delegate James E. Murphy, non-partisan
Democrat from Del Norte County, stated: "I would like to have thanks returned to
everybody and everything--except President Hayes." Amid the laughter caused by
Murphy's remark, delegate and former Secretary of State William Van Voorhies moved
"that the thanks of the Convention be returned to the `silent members'." Above the
continued laughter, President Hoge declared Van Voorhies's resolution "unanimously
adopted." At 1:15 in the afternoon, President Hoge declared the convention adjourned
sine die.38
RATIFYING THE CONSTITUTION
Section seven of the 1878 enabling act had made general provisions for popular
ratification or rejection of the new constitution. Sections four through nine of Article XXII
(Schedule) of the revised constitution provided detailed instructions regarding
ratification. A special election would be held on the first Wednesday of May, 1879. The
election could settle no other question but constitutional ratification. Thirty days before
the election, the state superintendent of printing had to print "in pamphlet form" as many
copies of the constitution as there were registered voters, and mail one copy to the post
office address of each registered voter. Postal carriers would deliver copies to the
voters who had not picked up their pamphlets within ten days of receipt at the post
office. Thirty days before the first Wednesday in May, the executive had to issue a
proclamation, to be "made public" by the "Boards of Supervisors of the several
counties," calling the election. On April 2, 1879, Governor William Irwin issued a
proclamation that the election would be held on Wednesday, May 7, 1879. Qualified
voters were all persons entitled to vote for members of the assembly.39
37
Ibid., 1525-26.
38
Ibid.
39
Statutes of California, 1877-78, Chapter 490, p. 764;
Willis and Stockton, Debates and Proceedings, p. 1520; Secretary
of State, Governor's Proclamations, Proclamation 121, Filed April
3, 1879, microfilm, California State Archives, Sacramento,
17
31
As had occurred with the elections for constitutional delegates the previous
summer, the campaign for and against the new constitution was waged principally in the
newspapers of the state. Most major city newspapers, such as those in Oakland,
Sacramento, and Stockton, editorialized against the new constitution. Media support of
the revised organic law was more conspicuous in the southern part of the state.
Newspapers such as the Los Angeles Express reported favorably, while the San
Francisco Alta and the Sacramento Record-Union were openly hostile. The San
Francisco Chronicle was the only prominent northern newspaper to promote the new
document. Calling it a "loyal champion," political scientist Carl Brent Swisher asserted
that the San Francisco Chronicle was "probably the most effective organ in the state in
support of the work of the constitutional convention."40
Complicated constitutional articles, such as the article on revenue and taxation,

caused as much controversy before the people as they had caused debate during the
convention. The media used sensitive issues such as revenue and taxes as points of
attack or defense of the new document. Focusing on regional interests as they related
to the issues, local groups formed "constitution clubs" and "anti-constitution clubs" all
over the state. Newspapers announced the dates, times, and places of club meetings,
and reported topics of discussion. In addition to newspapers, privately funded
organizations, particularly those in opposition to the new constitution, printed and
distributed circulars and pamphlets to voters. For the two months that passed between
the completion of the new constitution and the popular election, California was the
scene of an intense political competition.41
Twenty days before the election, the state superintendent of printing had to print
and send to every county clerk two types of ballots. Printed on "legal ballot paper"
furnished by the secretary of state, the ballots would separately state "For the new
Constitution," or "Against the new Constitution." After receiving five times the number of
each type of ballot as there were registered voters in their counties, the county clerks
were to distribute equal numbers of both ballots to the inspectors of elections. As
during standard elections, county officers were responsible for canvassing the vote and
sending certified returns to the governor. The returns were to be forwarded no later
than the second Monday after the election, or May 19, 1879.42
As soon as all the returns were in, or within thirty days of the election, the
governor, assisted by the controller, treasurer, and secretary of state, had to "open and
compute" the vote. The June 6, 1879 statement of vote--attested by Governor Irwin,
Controller Daniel Kenfield, Treasurer José Estudillo, and Secretary of State Thomas
Beck--listed alphabetically, each county's returns and statewide totals. The total
California.
40
Swisher, Motivation and Political Technique, pp. 100-03.
41
Ibid., 103-07.
42
Willis and Stockton, Debates and Proceedings, p. 1520.
18
32
received statewide was 145,212 votes, including 77,959 ballots for the new constitution,
67,134 ballots against the new constitution, and 119 "votes rejected."43
Following the mandates of the enabling act and Article XXII of the constitution, on
June 7, 1879, Governor Irwin issued a proclamation certifying that "a majority of the
whole number of votes cast" were in favor of the new constitution. The revised
fundamental law of the state would become effective as specified in section twelve of
the Schedule (Article XXII):
This Constitution shall take effect and be in force on and after the fourth day of
July, eighteen hundred and seventy-nine, at twelve o'clock meridian [noon], so
far as the same relates to the election of all officers, the commencement of their
terms of office and the meeting of the Legislature. In all other respects, and for
all other purposes, this Constitution shall take effect on the first day of January,
eighteen hundred and eighty, at twelve o'clock meridian.
In his proclamation, Irwin declared the new constitution to be "the Constitution of the
State of California."44
43
Ibid.; Secretary of State, Election Papers, Statement of
Vote, May 7, 1879 Election canvassed June 6, 1879; The Statement
of Vote shows the secretary of state's handwritten tally of votes
in columns next to a printed list of California counties. The
counties of Klamath and Mariposa have no votes. Klamath county
ceased to exist in 1874, its territory annexed by Humboldt and
Siskiyou counties. Mariposa county's election return must have
been lost at the time of the canvassing. The archives contains a
"duplicate" copy with a file date of May 12, 1879 by the county
clerk, but a "received" date of June 25, 1879--too late to be
counted. Mariposa County's total vote of 805, including 447
ballots cast for the new constitution and 358 votes against it,
would not have effected the outcome of the statewide total.
Names of state officers may be found in Appendix C, E. Dotson
Wilson, Chief Clerk of the Assembly, California's Legislature,
1993-94 (Sacramento: California State Assembly, 1994), pp. 193,
195, 197, 198.
44
Secretary of State, Governor's Proclamations, Proclamation
122, June 7, 1879; Willis and Stockton, Debates and Proceedings,
p. 1521.
19
33
Series Descriptions of Working Papers
1. Administrative Records. 3 file folders. F3956:1-3
Files contain Oaths of Office of delegates who filled vacancies, including the
resignation of delegate Thomas Morris of San Francisco; convention bills and
receipts; convention secretary and clerk note fragments.
2. Committee Papers. 4 file folders. F3956:4-7
Files contain papers of two committees:
Committee on Rules and Order of Business--"Standing Rules and Orders" of the

convention; "Standing Committees" of the convention as reported by the
committee and by the Sacramento Record-Union, October 8 and 9, 1878;
Notices to amend the rules (folders 4, 5, 6).
Committee on Revenue and Taxation--Minutes (October 16-18, 21-23, 29, 1878),

and resolutions introduced in committee (folder 7).
3. Special Committee Reports. 8 file folders. F3956:8-15
Reports of special committees and standing committees addressing specific

problems that the delegation confronted during the convention.
Files contain reports from:
The Committee on Additional [Convention] Employees.

The Committee on Phonographic Reporter.
The Committee on Reporting and Printing (projected costs of printing debates and
journals).
The Committee on the Judiciary (legislative intent of the Constitutional Enabling Act of
1878).
The Committee on the Judiciary (eligibility of [Judge] Eugene Fawcett of Santa Barbara
as delegate to the convention, including minority report).
The Committee on Expulsion of Delegate Charles C. O'Donnell. The Committee on
Mining (recommendation regarding amendments 91, 345, 450).
4. Memorials Drafted by the Convention. 5 file folders. F3956:16-20
Communications, adopted by a majority of the delegation, from the convention to

other state and federal entities, and to the people of California.
Files contain memorials to:

20
34
The governors of Oregon, Nevada, and Washington and Arizona territories regarding
the Burlingame Treaty.
The President and Congress of the United States regarding the Burlingame Treaty.
The President and Senate of the United States regarding import duties on French wines
and spirits.
The United States Congress regarding university land grants. "Address to the People of
the State of California," dated March 3, 1879.
5. Reports from State and Municipal Agencies. 12 file folders. F3956:21-32
Six files contain oversize documents.
Reports of agency officers responding to requests from the convention, by formal

resolution, for information. The reports address such issues as public lands,
corporations, state indebtedness, the railroads, and university lands.
Files contain reports from:
State Surveyor General (public lands).

Secretary of State (convention stationary account; corporations).
Superintendent of State Printing (convention printing costs).
State Controller (state, county, and municipal debt; state militia expenses; convention
appropriations).
Clerk of the Supreme Court (business of the court, 1874-78).
University of California, Board of Regents and College of Agriculture (receipts,
disbursements, investments, 1868-78).
Adjutant-General (militia expenditures, 1877-78; California National Guard).
Transportation Commissioner (railroad legislation, 1850-78; county debt, railroad
bonds).
Superintendent of Public Streets and Highways, San Francisco (private and municipal
expenditures, 1867-78).
"City of Stockton" (debt, revenue, expenses, 1878).
6. Public Petitions and Memorials. 45 file folders. F3956:33-77
Signed petitions received by delegates from their constituents addressing

interests of individual citizens, political groups, social organizations, and labor
societies. Petitions request constitutional provisions respecting such issues as
equal taxation, land monopoly, labor, mechanic's liens, women's suffrage, "Local
Option" liquor laws, charitable and church property tax exemption, and legal
recognition of the Sabbath.
Many petitions have signature pages affixed to them with glue. The signature
pages of some petitions, particularly those regarding charitable and church
21
35
property tax exemption, extend to lengths of over ten feet (boxes 5 and 6). One
women's suffrage petition from San Francisco contains the signature of Emperor
Norton (box 3).
Merchants and Dealers of Nevada County (taxation).

Citizens of Amador and Nevada counties (taxation).
Citizens of Mariposa and Merced counties (death of delegate J. M. Strong).
Citizens and members of the Bar of San Diego, San Bernardino, and Los Angeles
counties (protest sitting of supreme court at Sacramento only).
Citizens of San Francisco (land monopoly and equal taxation).
M. Montgomery, "An Article to Provide for the Supervision and Accountability of State
and County Officers."
Joseph Ramsey, Tennessee, "A Plan Containing the Elements and Cardinal Principles
for a State Constitutional Government."
E. Steinle, San Francisco, "Sketch of the Framework of a New Constitution of
California."
Representative Assembly of the Trades and Labor Unions of the Pacific Coast (protest
against state and municipa labor contracts, prison labor, and child labor).
Journeyman Stone Cutters Association of the Pacific Coast (protest state contracts for
public building construction).
Carpenter's and Millmen's Association (protest prison labor contracts).
Mechanic's Leins (2 ff).
Women's Suffrage (3 ff).
Voters of San Luis Obispo County (alcohol prohibition).
Liquor "Local Option" (9 ff).
Los Angeles, San Francisco Turn Verein, and the Independent German Congregations
of San Francisco (protest establishment of state religion).
Acknowledgement of "Almighty God" in state constitution.
Objection to recognition of the Sabbath (Sunday, a day of rest) in the state constitution
(2 ff).
San Bernardino County (legislative appropriations to private orphan asylums).
San Francisco (property of "deaf, dumb, and blind persons" should be tax exempt).
Exemption from taxation of charitable, educational, and church property (5 ff).
Exemption from taxation of charitable, educational, and church property (5 ff).
Printer's drafts (no signatures).
Unidentified (signature pages only).
7. Convention Resolutions. 5 file folders. F3956:78-82
Resolutions Nos. 1 to 100, plus unnumbered.
Arranged sequentially as numbered by convention secretary. Sequence is

broken by nine missing numbers (4, 46, 58, 61, 62, 66, 68, 81, 88). Twenty-four
unnumbered resolutions arranged in chronological order of date presented to
22
36
convention. Four resolutions are unnumbered and undated. Unnumbered and
undated resolutions contained in one folder following resolution 100.
A complete listing of Convention Resolutions, arranged sequentially by number

and showing subject, author, and date presented to the convention, follows.
Resolution titles (subjects) are transcribed as noted by convention secretary.
Folder numbers are indicated.
RES.# SUBJECT AUTHOR DATE INTRODUCED
(F3956:78, Res. 1-3, and 5-25)
1 Printing journal of proceedings Beerstecher Oct 5, 1878

*
3 Apptmnt. & pay of night watchman Hilborn Oct 7, 1878
*
5 Abolish office of Lt. Governor Barbour Oct 9, 1878
6 Single legislative chamber Barbour "
7 Hours of labor & Lien law Condon "
8 Child factory labor (under 14 yrs) Farrell "
9 Trial Jurors Freeman "
10 Grand Juries Freeman "
11 Land Subsidies Lindow "
12 Grand Juries Mansfield "
13 Naturalized citizens--elections E. Martin "
14 Reading of bills; ayes and noes McCallum "
15 Time of meeting of legislature McCallum "
16 Abolish fines non-misdemeanors Morse "
17 Chinese testimony Murphy "
18 Land limitation Reynolds "
19 Pardoning power H. Smith "
20 Women's suffrage Steele "
21 Dispensing with grand juries Stedman "
22 Governor's veto power Townsend "
23 Apptmnt. of phonographic reporter McFarland "
24 Official short-hand reporter G. V. Smith "
25 Short-hand reporter McCallum "
(F3956:79, Res. 26-45, 47-50)
26 $40. to McStay, Journal Clerk Eagon Oct 9, 1878

27 Payment of Page Huestis "
28 Burlingame Treaty Barbour Oct 10, 1878
29 Committee rooms Beerstecher "
30 Grand Juries Tuttle Oct 9, 1878
23
37
31 Forced sale of property Wyatt "
32 Rate of Interest Wyatt "
33 Treaty with France Mansfield Oct 10, 1878
34 Proposed treaty with France Mansfield "
(Memorial from Los Angeles County
viniculturists attached)
35 $15. to Edwin Morris, Page Gregg "
36 Delegate pay for sick absence only Stedman Oct 11, 1878
37 $10. daily fine for non-sick absence Wellin "
38 William Grace added to Committee on
State Institutions & Public Build. Filcher "
39 S. B. Thompson added to Committee on
Rules and Order of Business Winans "
40 Form of Constitution Winans (special order for 10/15) 40** Add
McCoy Shoemaker Oct 11, 1878
**[Duplicate #40, Secretarial error?]
41 Change Rule No. Sixty McCallum [unstated]
42 Submitting separate propositions Barbour Oct 12, 1878
43 $75. to Steppacher, Clerk to
Committee on Rules & Order of Bus. Rules Comm. Oct 15, 1878
44 Authorize Committee on Revenue and
Taxation to employ a clerk Edgerton "
45 $18. to Page, Six days work Estee "
*
47 Clerk for Sergeant at Arms Garvey Oct 16, 1878
48 Clerk for Committee on Enrollment
and Engrossment Garvey "
49 Clerk for Committee on Legislative
Department Terry Oct 17, 1878
50 Clerk for Committee on Corporations
other than Municipal Estee "
(F3956:80, Res. 51-57, 59, 60, 63-65, 67, and 69-75)
51 Printing and stationary costs Ayers "

52 Porters for committee rooms [unstated] Oct 18, 1878
53 Pay for Kean, Clerk to Sgt at Arms Strong "
54 Finkler, Clerk to Committee on
Judiciary Tinnin "
55 Report of Secretary of State, Thanks
of convention Noel Oct 19, 1878
56 $5,000. to Secretary of State Tully "
57 $105. to Sunetry, Night watchman Eagon "
*
59 Bureau of Labor & Labor Statistics Beerstecher Oct 9, 1878
24
38
60 Chinese citizenship O'Donnell Oct 22, 1878
*
*
63 Transcribing, indexing, and printing
journal Holmes Oct 23, 1878
64 Stationary supplies, not to exceed
$10. per delegate Larkin Oct 26, 1878
65 Application of federal constitution
to state courts--trial by jury Caples Oct 28, 1878
*
67 $88. to Edward Mason, porter for
committee rooms Barnes Nov 1, 1878
*
69 Secretary of State to compile list of
stationary account, each delegate Caples "
70 Request financial statements, University
of California Board of Regents Martin Oct 31, 1878
71 Amend Rules Nos. 1 and 2 Stedman Nov 2, 1878
72 Cost of State Militia, 1856-78 Tinnin "
73 Request report from Superintendent
of Streets, San Francisco Casserly "
74 Pay of [convention] employees Condon "
75 Report of Senate Committee on
Chinese, 1877-78 session Stedman "
(F3956:81, Res. 76-80, 82-87, 89-100)
76 Request report from Adjutant

General, National Guard/ Militia Swing "
77 Pardoning power of governor Filcher "
78 Bills for ice and post office box Edgerton Nov 5, 1878
79 $108. to Hiram Clock, Porter Estee Nov 8, 1878
80 Request report from Surveyor Gen. Hager Nov 6, 1878
*
82 Clerk for Committee on Right of
Suffrage Eagon Nov 9, 1878
83 Stationary account, pay back excess
over $10. Reynolds "
84 Copies of daily proceedings and

committee reports to State Library Dunlap Nov 13, 1878
85 Printing Journal, 750 copies Hilborn Nov 15, 1878
86 Discharging committee clerks Larkin Nov 16, 1878
87 Adjourn 2:00 & return Monday at 2:00 Laine "
*
25
39
89 Request information from the San
Francisco Gaslight Co., meters sold Ringgold Nov 18, 1878
90 Additional pay for Patrick Levy, gas
porter O'Sullivan Nov 23, 1878
91 Request report from State Printer,
cost to state of printing series of
"Readers" O'Sullivan Nov 25, 1878
92 Instruct Committee on Corporations
to amend section twenty of article Terry Dec 6, 1878
to amend section twenty, Railroad
Commissioners Tinnin "
to amend section twenty-one Filcher "
95 Burlingame Treaty--petition govs. of
Oregon, Nevada, & Washington Terr. Dowling Dec 9, 1878
96 $10. to J. J. Flynn, clerk to Comm.
on State Insts. & Public Buildings Overton Dec 10, 1878
97 Memorialize Congress--Reduce cost of
third-rate public lands within limits
of any railroad; restore preemption
and homestead lands within limits of
forfeited railroad grants. Wyatt "
98 Request Committee on Land and
Exemption to report to convention O'Sullivan Dec 12, 1878
99 Number of employees at convention Larkin Dec 14, 1878
100 Mileage of newly elected delegates Dowling Dec 21, 1878
(F3956:82, 24 unnumbered resolutions arranged in chronological order, plus 4

unnumbered and undated resolutions)
(1) Dispense with phonographic reporter Beerstecher Oct 3, 1878

(2) Elections to fill vacancies Tinnin Oct 4, 1878
(3) Repeal Rule No. 71 Noel Oct 14, 1878
(4) Request report of State Printer,
cost to date of printing resolutions
and propositions Barton "
(5) Vacancy caused by insanity of
J. Berry Moreland Oct 21, 1878
(6) Names of members calling for ayes
and noes McFarland Oct 22, 1878
(7) Request report from state comptroller Casserly Oct 30, 1878
(8) Criminal case common law juries Barbour Oct 31, 1878
(9) 480 extra copies of Amendment No.
444, Corporations, be printed [unstated] Nov 8, 1878
26
40
(10) Death of J. M. Strong Jones Nov 19, 1878
(11) Eligibility of members of convention
to hold office Huestis Nov 20, 1878
(12) Assertion made by Mr. Grace in
debate (with Barbour's amendments) Barnes Nov 21, 1878
(13) Thanksgiving recess Crouch Nov 25, 1878
(14) Obsequies of J. M. Strong Holmes Nov 26, 1878
(15) Ice Company bill Hilborn Dec 3, 1878
(16) Occupancy of capitol building Martin Dec 5, 1878
(17) Subsidy to Texas Railroad Dowling Dec 6, 1878
(18) Indefinite leaves of absence White Dec 19, 1878
(19) Adjournment S. Wilson Dec 20, 1878
(20) Discharge of [convention] employees Filcher "
(21) Unexpended convention appropriation Reddy Dec 21, 1878
(22) Appointment of Asst. Journal clerk Townsend Jan 24, 1879
(23) Extension of time of speakers Inman "
(24) Appointment of committee to draft an
"Address to the people of California" Tinnin Jan 27, 1879
(25) A. C. Maud for Night Watchman Gregg [unstated]
(26) Adjournment and recess [illegible] [unstated]
(27) James Saultery for Watchman [unstated] [unstated]
(28) Eugene Fawcett not entitled to seat
at convention [unstated] [unstated]
8. Proposed Amendments and Articles. 79 file folders. F3956:83-161
Proposed Amendments Nos. 1 to 538, plus unnumbered.
Proposed Amendments Nos. 1 to 538 include those that became articles of the
new constitution. Amendment articles include standing committee reports,
committee drafts of articles, and amended versions (if extant). Individual
delegates were authors of most proposed amendments to the constitution.
Standing committees authored proposed amendments that became articles of
the constitution.
Proposed amendments arranged sequentially as numbered by convention

secretary in chronological order of the date they were presented to the
convention. Sequence is broken by forty-four missing numbers (4, 46, 58, 61,
62, 66, 68, 81, 88, 4, 19, 33, 49, 59, 78, 140, 167, 198, 199, 210, 239, 250, 280,
282, 288, 300, 329, 342, 391, 409, 427, 437, 441, 452, 456, 466, 470, 474, 478,
508, 513, 516, 527, 531). Four unnumbered, undated proposed amendments
are contained in one folder following amendment 538.
A complete listing of Proposed Amendments to the Constitution, arranged

27
41
sequentially by number and showing amendment title, author, and date
presented to the convention, follows. Proposed amendment titles are transcribed
exactly as noted by convention secretary. Box and folder numbers are also
indicated.
# SUBJECT AUTHOR DATE INTRODUCED
(F3956:83, Amendments 1-3, 5-9)
1 Prohibiting granting lisences

to aliens Dowling October 9, 1878
2 Irrigation Dowling "
3 Supreme Court Edgerton "
*
5 Discriminatory charges of
railroads and vessels Estee "
6 Homestead exemption Evey "
7 Municipal corporations Fawcett "
8 Municipal corporations Fawcett "
9 Declaration of rights Gregg "
(F3956:84, Amendment 10)
10 Proposed judicial system Hager "
(F3956:85, Amendments 11-18, 20-32)
11 Corporations Howard "

12 Revenue and Taxation Huestis "
13 Corporations Freud "
14 Legislative Department Freud "
15 Excessive bails and fines Hagher "
16 State officers Johnson "
17 Chinese Joyce "
18 Chinese Joyce "
*
20 Women's Suffrage McFarland "
21 Granting pardons Moreland "
22 Equal Taxation Murphy "
23 Employment of aliens Nelson "
24 Bill of Rights Noel "
25 Poll tax O'Sullivan "
26 Relative oath Ringgold "
27 Judiciary Rolfe "
28
42
28 Legislature--bills Schell "
29 Equal taxation Schomp "
30 Water rights Ohleyer "
31 Rights of foreign born citizens Shoemaker "
32 Bills of Attainder; Ex post
facto laws, etc. Shoemaker "
(F3956:86, Amendments 34, 35)
34 Railroads and public highways E. O. Smith "

35 Revenue and Taxation G. V. Smith "
(F3956:87, Amendments 36-48, 50-52)
36 Education H. W. Smith "

37 Liability of contractors Stedman "
38 Taxation of vessels Sweasey "
39 Suffrage--"White male" Sweasey "
40 Equal land taxation Swenson "
41 Liability of stockholders in
corporations Swing “
42 Voters Thompson "
43 Suffrage Tully "
44 Chinese Turner "
45 Trial Juries Van Dyke "
46 Taxation without representation Tuttle "
47 Freights and fares Waters "
48 Bank, mining, and other stocks Wellin "
*
50 Duties of railroad officers West "
51 Preamble Wickes "
52 Members of legislature White "
(F3956:88, Amendments 53-58, 60-73)
53 Education White "

54 Taxation Wilson "
55 Education Winans "
56 Bill of Rights LaRue "
57 Grand jurors LaRue "
58 Freights and fares Ayers "
*
60 Official bonds McFarland "
61 Salary of Governor Keyes "
62 Suffrage Hitchcock "
29
43
63 Irrigation Hitchcock "
64 Chinese Ayers Oct 10, 1878
65 Responsibility of bank
directors Ayers "
66 Lobbying Barbour "
67 Education Barnes "
68 Chinese Barbour "
69 Pardoning power Barry "
70 Chinese Barry "
71 Assessments Barton "
72 Local Option Barton "
73 Hours of labor Beerstecher "
74 State Department of Labor and

Labor Statistics Beerstecher "
(F3956:90, Amendments 75-77, 79-90)
75 Taxation Belcher "

76 "Law Department" Belcher "
77 Property assessment Biggs "
*
79 Education Blackmer "
80 Suffrage Blackmer "
81 Property rights Brown "
82 Railroad Commission Campbell "
83 Excessive bail Caples "
84 Labor and capital Condon "
85 Judiciary system Cross "
86 Declaration of rights Crouch "
87 Right of suffrage Davis "
88 Eligibility of office holders Davis "
89 Judicial department Dean "
90 Land Dowling "
(F3956:91, Amendments 91-111)
91 Mining Dowling "

92 Taxation Dudley "
93 Water and water rights Dunlap "
94 License tax Eagon "
95 Legislative department Edgerton "
30
44
96 Legislative department Edgerton "
97 Suffrage Evey "
98 Suffrage Evey "
99 Labor and capital Farrell "
100 Bill of Rights Farrell "
101 Pardoning power Fawcett "
102 Legislative sessions Felcher "
103 Legislative vacancies Felcher "
104 Land monopolies Freeman "
105 Federal relations Freeman "
106 Bill of Rights Freud "
107 Future amendments Gorman "
108 Privilege and elections Grace "
109 Female Suffrage Grace "
110 Equal taxation Gregg "
111 Liberty of speech, press Gregg "
(F3956:92, Amendments 112, 113)
112 Declaration of rights Hager "

113 Corporations and Eminent
Domain Estee "
(F3956:93, Amendments 114-139, 141-147)
114 Power of legislature over

corporations Hale "
115 Limit powers of legislature Hall "
116 Compulsory education Harrison "
117 Educational system Harrison "
118 Declaration of Rights Harvey "
119 Militia Harvey "
120 Militia Heiskell "
121 Pardoning power Herold "
122 Corporations Herold "
123 Legislature Herrington "
124 Alien's rights Herrington "
125 Public funds Heustis "
126 Taxation Hughey "
127 Public officers Johnson "
128 Eight hour law Joyce "
129 Number of senators Joyce "
130 Chinese Kenny "
131 Chinese immigration Kleine "
132 Compulsory education Lavigne "
31
45
133 Governor's veto power Lewis "
134 Divorce Mansfield "
135 Publication of laws Martin "
136 State and municipal
indebtedness Miller "
137 Military affairs Mills "
138 State tax limit Moreland "
139 Banking insitutions Moreland "
*
141 Right of wife to administer

estate of deceased husband Mason "
142 Legislative department Mason "
143 Land tenures O'Sullivan "
144 Rivers and lakes O'Sullivan "
145 Elective franchise Reed "
146 Declaration of rights Reed "
147 State Board of Supervisors Rhodes "
(F3956:94, Amendments 148-155)
148 State office vacancies Shoemaker "

149 Governor's veto of
appropriation bills Shoemaker "
150 Taxation Shoemaker "
151 Corporation taxes Shoemaker "
152 State officer's salaries Shoemaker "
153 Preamble Shurtleff "
154 Restricting legislature E. O. Smith "
155 Redemption of tax sales E. O. Smith "
156 Judiciary G. V. Smith "
157 Private corporations G. V. Smith "
(F3956:97, Amendments 158-166, 168-176)
158 Taxation Stedman "

159 Legislative powers Stedman "
160 Prohibiting municipalities
from holding stock in
32
46
corporations Strong "
161 Suffrage Stuart "
162 Hours of state labor Thompson "
163 Educational qualification
for suffrage Tully "
164 Private property Tully "
165 Taxation Vacquerel "
166 Bill of Rights Vacquerel "
*
168 Corporations Van Voorhies "
169 Suffrage Van Voorhies "
170 Preamble Webster "
171 Bill of Rights Webster "
172 Lake Bigler [Tahoe] Wellin "
173 Prohibit Chinese from
holding lands Wellin "
174 Criminal prosecution West "
175 Corporations Wickes "
176 Interest of money White "
177 Legislature White "
(F3956:99, Amendment 178, Article: Harbors, Tide Waters, and Navigable Streams)
178 Frontages of navigable water Ayers Oct 11, 1878

Became: Article--Harbors, Tide Waters, and Navigable Streams
(F3956:100, Amendments 179-194)
179 Land and homestead exemption Ayers "

180 Justices of peace Barton "
181 Taxation Barton "
182 Right to assemble Beerstecher "
183 Judicial/mortgage sales of land Beerstecher "
184 Legislative malfeasance Bell "
186 Suffrage Boggs "
187 Revenue and Taxation Caples "
188 Preamble and Bill of Rights Caples "
189 Judicial department Cross "
190 Judicial department Dowling "
191 Corporations Dowling "
192 Mining stocks Eagon "
33
47
193 Legislature Edgerton "
194 Judicial department Edgerton "
(F3956:101, Amendments 195-197, 200-208)
195 Salary of judges Evey "

196 Suffrage Farrell "
197 Revenue and Taxation Farrell "
*
200 Suffrage Grace "
201 Corporations Grace "
202 Declaration of rights Gregg "
203 Forbidding the appropriation of
public monies and property for
sectarian purposes Huestis "
204 Legislative department Johnson "
205 Banks Joyce "
206 Public officers Joyce "
207 Revenue and Taxation Kleine "
208 Judicial department Laine "
(F3956:102, Amendments 209, 211-220)
209 Legislative department Laine "

*
211 Executive department Martin "
212 Amending the constitution Martin "
213 Corporations McCallum "
214 Education McComas "
215 Miscellaneous subjects McComas "
216 Municipal corporations Noel "
217 Education O'Sullivan "
218 Revenue and Taxation O'Sullivan "
219 Revenue and Taxation Overton "
220 Miscellaneous subjects Reddy "
(F3956:103, Amendments 221, 222)
221 Appropriation for orphans Shoemaker "

222 Public officials Shoemaker "
(F3956:104, Amendments 223-238)
223 Increasing salaries of officials H. W. Smith "

224 Religious teaching in public
34
48
schools H. W. Smith "
225 Municipal corporations Stedman "
226 Taxation of corporations Swensen "
227 Taxation Tully "
228 Schedule Tully "
229 Flags Tuttle "
230 Miscellaneous subjects Vacquerel "
231 Common school fund Webster "
232 Wages of laborers and mechanics Wellin "
233 Preamble and Bill of Rights Wickes "
234 Education Wickes "
235 Rights of women White "
236 Miscellaneous subjects White "
237 Preamble Wilson "
238 Bill of Rights Wyatt "
(F3956:105, Amendments 240, 241)
240 Warehouses Beerstecher Oct 14, 1878

241 Taxation Beerstecher "
(F3956:106, Amendments 242-249, 251-259)

243 Law of succession Blackmer "
244 Legislative department Brown "
245 Juries Caples "
246 Jury system Caples "
247 Education Chapman "
248 Taxation Chapman "
249 Judicial System Condon "
*
251 Legislative department Dowling "
253 Legislative department Farrell "
254 Education Farrell "
255 Legislative department Fawcett "
256 Preamble and Bill of Rights Fawcett "
257 Bill of Rights Freud "
258 Special legislation Freud "
259 Legislative department Grace "
(F3956:107, Amendments 260-272)
35
49
260 Revenue and Taxation Harrington "
261 Legislative department Harrington "
262 Judiciary Holmes "
263 Judiciary Hughey "
264 Bill of Rights Hughey "
265 Executive department Joyce "
266 Chinese Kleine "
267 Common schools LaRue "
268 Powers of legislature to contract
debts LaRue "
269 Legislative department Lindow "
270 Executive department Lindow "
271 Property tax exemption Mansfield "
272 Judicial officers Mansfield "
(F3956:108, Amendments 273-279, 281)
273 General provisions Martin "

274 Judical department Martin "
275 Judicial department McCallum "
276 Assessors and Revenue collectors Moreland "
277 Suffrage Neunaber "
278 Militia Neunaber "
279 Corporations O'Donnell "
*
281 Ineligibility to office O'Sullivan "
(F3956:109, Amendment 283)
283 Amended Schedule Shoemaker "
(F3956:110, Amendments 284-287, 289-297)
284 English only (laws) Shoemaker "

285 Water Rights Commission G. V. Smith "
286 Executive department H. Smith "
287 System of gradual taxation Swenson "
*
289 Revenue and Taxation Townsend "
290 Legislative department Townsend "
291 Judicial department Tully "
292 Chinese Tuttle Oct 12, 1878
293 Taxation Tuttle Oct 14, 1878
294 Pardoning power Vacquerel "
295 Suffrage Wellin "
36
50
296 Taxation Wellin "
297 Moral instruction Wickes "
(F3956:111, Amendments 298, 299, 301-304)
298 Corporations White "

299 Executive department White "
*
301 Terms of office Shoemaker "
302 State credit Shoemaker "
303 State Board of Equalization Shoemaker "
304 Corporations O'Donnell Oct 12, 1878
(Box 10)
(F3956:112, Amendments 305-309)
305 Bill of Rights McConnell Oct 14, 1878

306 Suffrage McConnell "
307 Executive department McConnell "
308 Legislative department McConnell "
309 Judiciary McConnell "
(F3956:113, Amendments 310-317)
310 Judiciary McConnell "

311 Military McConnell "
312 Revenue and Taxation McConnell "
313 Township and county organization McConnell "
314 Corporations McConnell "
315 Education McConnell "
316 Amending and revising the
constitution McConnell "
317 Miscellaneous subjects McConnell "
(F3956:114, Amendments 318-328)
318 Military affaris Beerstecher Oct 15, 1878

319 Taxation Beerstecher "
Followed by amendment to
Amendment 319 Beerstecher Oct 23, 1878
320 Libels Murphy Oct 15, 1878
321 Chinese O'Donnell "
322 Grand jury system Mansfield "
323 Future amendments White [unstated]
37
51
324 Executive department Schell Oct 15, 1878
325 Revenue and Taxation O'Donnell "
326 Importation of coolies, criminals
paupers, lepers, and immoral
women prohibited O'Sullivan "
327 Prohibit employment of chaplains
in state institutions O'Sullivan "
328 Legislative department Evey "
*
(F3956:115, Amendments 330-341, 343-347)
330 Revenue and Taxation Grace "

331 Suffrage Sweasey "
332 Legislative department Gorman "
333 Legislative department Grace "
334 Grand juries Huestis "
335 Jury system Huestis "
336 Privileges and elections Lavigne "
337 Water rights Lavigne "
338 Corporation stocks Martin "
339 Legislative department O'Donnell "
340 Corporations O'Donnell "
341 Contents and order of the
articles of the consitution McConnell "
*
343 Suffrage McComas "
344 Corporations Dowling "
345 Mining Dowling "
346 Taxation Howard "
347 Bill of Rights Hager "
(F3956:116, Amendments 348-370)
348 Judiciary Hager [unstated]

349 Counties Boucher Oct 16, 1878
350 Board of Prison Directors Campbell Oct 17, 1878
351 County and town government Shafter "
352 Chinese Miller "
353 Licensing corporations Larkin "
354 Legislative department Weller Oct 18, 1878
355 School and university endowments J. W. Martin "
356 Legislative department Weller "
357 Preamble and Bill of Rights Wickes "
358 Suffrage Van Voorhies "
38
52
359 Legal tender Wyatt Oct 19, 1878
360 Taxation Freeman "
361 Taxation Rhodes "
362 Water rights Tinnin "
363 Water rights Tinnin "
364 Water privileges Tinnin "
365 Judicial department Edgerton "
366 Miscellaneous subjects E. O. Smith "
367 Judicial department Schell "
369 Future amendments Blackmer "
370 Lobbying Wickes "
(F3956:117, Amendments 371-390, 392)
371 Taxation Tuttle "

372 Corporations Vacquerel "
373 Legislation Grace "
374 Lieutenant governor Stedman "
375 Penal colony Cross "
376 Boards of supervisors Burt Oct 21, 1878
377 Bill of Rights Edgerton Oct 22, 1878
379 Revenue and Taxation Filcher "
380 University of California Van Dyke "
381 Education H. W. Smith "
382 Declaration of rights Schell "
383 University Webster "
384 Taxation Stuart "
385 Embezzlement Thompson "
386 Juries Caples "
387 Legislature Weller "
389 Electors Condon "
390 Chinese Joyce "
*
392 Graduated, progressive taxation O'Sullivan "
(F3956:118, Amendments 393-401)
393 Declaration of Rights Dudley Oct 23, 1878

394 Filling public offices Dudley "
395 Taxes Ayers "
396 Capital and Labor Condon "
397 Bill of Rights Beerstecher "
398 Appropriations E. O. Smith "
39
53
399 Adjudication of claims against
the state Martin "
400 Revenue and Taxation Hager "
401 City and County Organization Casserly Oct 24, 1878
(F3956:119, Amendment 402, Article: Preamble and Bill of Rights)
402 Preamble and Bill of Rights Committee on

Preamble and
Bill of Rights Oct 24, 1878
(F3956:120, Amendments 403-421)
403 Selling of goods under false

pretenses, punished as felony Bell Oct 26, 1878
404 Judiciary Barton "
405 Education Lindow "
406 Land and Homestead Exemption E. O. Smith "
407 Mechanic's Liens McCallum "
408 Revising the constitution Shoemaker "
*
410 Public Schools Jones "
411 City, County, and Townships Moreland "
412 Water and Water Rights O'Sullivan "
413 Public Offices O'Sullivan "
414 Miscellaneous Provisions Harvey "
415 Militia Harvey "
416 Miscellaneous Provisions Condon "
417 Apprentice Law Herold "
418 Taxation Heughey "
419 Foreigners Freeman "
420 Preamble and Bill of Rights Mansfield "
421 Person ineligible for citizenship Ringgold "
(F3956:121, Amendment 422)

422 City, County, and Township
Organization Hager "
(F3956:122, Amendments 423-443)

423 Foreigners ineligible for Estee Oct 28, 1878
424 Legislative Department Herrington "
425 Legislative Department Herrington "
426 Special Judges Graves "
*
40
54
428 Irrigation Dowling "
Organization Vacquerel "
430 Homesteads Barton "
431 Fiscal year Hilborne "
432 Intermarriage Stedman "
Organization Rolfe Oct 29, 1878
435 Legislative Department Evey "
436 Public Highways Evey "
*
438 San Francisco Dowling "
439 Revenue and Taxation Herrington "
440 Public school teachers Doyle "
*
442 Amending the constitution Shafter "
443 Arrests and attachments Howard "
(Box 11)
(F3956: 123-124, Amendment 444, Article: Corporations)
444 Corporations Committee on

Corporations other
than Municipal Oct 30, 1878
(F3956:125, Amendment 445, Article: Pardoning Power)
445 Pardoning Power Committee on

Pardoning Power Oct 30, 1878
(F3956:126, Amendments 446-453)
446 Illegitimate children Beerstecher "

447 Court of Claims Tinnin "
448 State Institutions Freud "
449 State Board of Education Wickes "
450 Mining Dowling "
451 Corporations Hale "
*
453 Local Government Herrington "
(F3956:127, Amendment 454, Article: Chinese)
454 Chinese Committee on

41
55
Chinese Oct 31, 1878
(F3956:128, Amendment 455)
455 Judicial Department Nelson Oct 31, 1878

*
(F3956:129, Amendments 457-467)
457 Judiciary Barbour "

458 Corporations McConnell "
459 Claims against the state Barnes "
460 State Board of Education Wickes "
461 Corporations Vacquerel "
462 Bigamy and polygamy Dowling "
463 Officers Wellin Nov 1, 1878
464 Legislature Casserly "
465 State Institutions Freud "
*
Organization Vacquerel "
(F3956:130, Amendment 468, Article: Executive Department)
468 Executive Department Committee on

Executive Dept. Nov 2, 1878
(F3956:131, Amendments 469-484)
469 Common Schools Huestis Nov 2, 1878

*
471 Labor and Capital Howard "
472 Street assessments Reynolds "
473 Registration of voters Andrews "
*
475 Secret tribunals O'Sullivan "
476 Labor and capital Harvey "
477 Husband insure his life for heirs E. O. Smith Nov 4, 1878
*
Organization Miles "
480 Legislative Department Mills "
481 Preamble and Bill of Rights Mills "
482 Miscellaneous Provisions Freud "
483 United States Senators Tully "
42
56
484 Pardoning Power Grace Nov 5, 1878
(F3956:132, Amendment 485, Article: Militia)
485 Militia Committee on

Military Affairs Nov 5, 1878
(F3956:133, Amendments 486-500)
486 Board of Public Commerce, S.F. Doyle Nov 6, 1878

487 County seats (moving) E. O. Smith "
488 Permanent state capital O'Donnell "
489 Gambling prohibited O'Sullivan Nov 7, 1878
490 Legislative Department McCoy "
491 Secret sessions, grand juries Ringgold "
492 Sale of positions Dowling "
493 State officers, appear before
legislature Tinnin Nov 8, 1878
494 Disposition of property Lavigne "
495 Municipal taxation of adjacent
farm lands prohibited E. O. Smith "
496 Fees and salaries of officers Barbour "
Organization Hager "
498 Railroads Hughey Nov 9, 1878
499 United States currency Barton "
500 Education E. Barry "
(F3956:134-135, Amendment 501, Article: Legislative Department)
501 Legislative Department Committee on

Legislative Dept. Nov 11, 1878
(Box 12)
(F3956:136, Amendment 502)
502 Railroads Herrington "
(F3956:137-138, Amendment 503, Article: Judicial Department)
503 Judicial Department Committee on

Judicial Dept. Nov 11, 1878
43
57
(F3956:139, Amendment 504, Article: Right of Suffrage)
504 Right of Suffrage Committee on

Suffrage Nov 13, 1878
(F3956:140, Amendments 505-509)
505 Gas and Water companies Reynolds "

506 Uniform taxation E. O. Smith "
507 Civil service reform Freud "
*
509 Corporations other than
municipal, supplementary
report of committee [See Amendment 444, Box 11]
(F3956:141, Amendment 510, Article: Revenue and Taxation)
510 Revenue and Taxation Committee on

Revenue & Taxation Nov 18, 1878
(F3956:142, Amendments 511-512)
511 What land will escheat to

the state E. O. Smith Nov 20, 1878
512 Acquisition and alienation
of land Davis Nov 21, 1878
*
(F3956:143, Amendment 514, Article: Water and Water Rights)
514 Water and Water Rights Committee on Water

and Water Rights Nov 22, 1878
(F3956:144, Amendment 515, Article: State Institutions and Public Buildings)
515 State Institutions and Committee on State

Public Buildings Institutions and
Public Buildings Nov 23, 1878
(F3956:145, Amendments 517-520)
*
517 Hiring of labor Thompson Dec 4, 1878
518 Railroad Commissioners Herrington "
519 Banks of navigable waters are
44
58
public highways Ringgold "
520 Corporations Vacquerel Dec 6, 1878
(F3956:146-147, Amendment 521, Article: Cities, Counties, and Towns)
521 City, County, and Township Committee on

Organization City, County, and
Township Org. Dec 7, 1878
(F3956:148, Amendment 522)
522 Local Option (clause of article Committee on

on City, County, and Township City, County, and
Organization, amendment 521) Township Org. Dec 7, 1878
(Box 13)
(F3956:149, Amendment 523, Article: Education)
523 Education Committee on

Education Dec 13, 1878
(F3956:150, Amendment 524, Article: Land and Homestead Exemption)
524 Land and Homestead Exemption Committee on Land

and Homestead Ex. Dec 14, 1878
(F3956:151, Amendment 525)
525 Water and water rights H. W. Smith Dec 20, 1878
(F3956:152, Amendment 526, Article: Amending and Revising the Constitution)
526 Amending and Revising the Committee on

Constitution Future Amendments Dec 21, 1878
(F3956:153, Amendments 528-530)
*
528 Revenue and taxation Dudley Dec 24, 1878
529 Insurance Wellin Jan 2, 1879
530 Trademarks Wellin Jan 4, 1879
(F3956:154, Amendment 532, Article: Schedule)
45
59
532 Schedule Committee on the
Schedule Jan 18, 1879
(F3956:155, Amendment 533)
533 State Indebtedness Casserly Jan 22, 1879
(F3956:156, Amendment 534, Article: The Boundary)
534 Boundary Committee on the

Boundary Jan 24, 1879
(F3956:157, Amendment 535, Article: Miscellaneous Subjects)
535 Miscellaneous Subjects Committee on

Misc. Subjects Jan 25, 1879
(F3956:158, Amendment 536, Article: Distribution of Powers)
536 Distribution of Powers McCallum Jan 28, 1879
(F3956:159, Amendment 537, Article: State Indebtedness)
537 State Indebtedness Committee on State

Indebtedness Jan 30, 1879
(F3956:160, Amendment 538)
538 Water Rights Barbour [n.d.]
(F3956:161, Amendments unnunbered and unidentified)
[1] Land ownership; natuaralized [unstated] [n.d.]

citizens (amendment proposed in Comm. of the Whole?)
[2] Taxation of corporations [unstated] [n.d.]
[3] Revenue and Taxation H. C. Wilson [n.d.]
[4] Revenue and Taxation H. C. Wilson [n.d.]
9. Amended Articles Reported by the Committee on Revision and Adjustment. 3

file folders. F3956:162-164
After the convention finally adopted each article, they referred the articles to the
Committee on Revision and Adjustment. The committee made sure that all
revisions and adjustments made during the amendment process were properly
incorporated and noted. The Committee on Revision and Adjustment reported
46
60
back every article of the new constitution to the delegation on February 27, 28,
March 1, and 3, 1879. From the Committee on Revision and Adjustment, the
articles went to the Committee on Reporting and Printing for final enrollment in
the constitution.
Three Committee on Revision and Adjustment reports, arranged chronologically

according to the date reported to the convention.
Files contain Committee on Revision and Adjustment reports of:
February 27, 1879
February 28, 1879, including articles I, V, VII, VIII, XIX, XXI, and XIV.
March 1, 1879, including articles II, III, IV, VI, IX, X, XI, XII, XIII, XV, XVI, XVII, XVIII,
XX, XXII.
10. Printer's Drafts of Articles. 10 file folders. F3956:165-174
As with legislative bills, at every stage of article construction and amendment--

first draft, Committee of the Whole amendment, first and second reading
amendment--articles were printed and reprinted at the state printing office (then
located near the capital at 15th and L streets).
Arranged sequentially by original article amendment number (before

constitutional article number applied). Does not include every article of the
finished constitution.
Files contain extant printer's drafts of:
First draft, proposed amendment 524 (1 ff).
Articles amended in Committee of the Whole, including proposed amendments 178,

402, 414, 454, 485, 501, 503, 504, 510, 514, 515, 521, 523, 524, 532, 535, 536, 537 (5
ff).
Articles amended in convention, including proposed amendments 178, 402, 444, 454,
468, 485, 501, 503, 504, 510, 514, 515, 521, 523, 524, 526, 532, 534, 535, 536, 537 (4
ff)
11. Convention Minutes. 126 file folders. F3956:175-300
The convention minute clerk recorded each day's business of the convention--
including all roll-call votes, resolutions, petitions, motions to amend rules, and
amendments--in the Minutes. After daily adjournment, the journal clerk would
47
61
record and verify the Minutes (with a blue check mark) for entry in the journal.
With the exception of the Minutes for Tuesday, February 25, 1879, the Minutes
are extant for the remaining 126 days that the convention met.
48
62
F3956:175-183
September 28, 1878 to October 8, 1878
F3956:184-198
October 9, 1878 to October 26, 1878
F3956:199-222
October 28, 1878 to November 23, 1878
F3956:223-243
November 25, 1878 to December 21, 1878
F3956:244-271
December 23, 1878 to January 25, 1879
F3956:272-283
January 27, 1879 to February 8, 1879
F3956:284-293
February 10, 1879 to February 20, 1879
F3956:294-300
February 21, 1879 to March 3, 1879
49
63
APPENDIX A: LISTS OF DELEGATES
DELEGATES ELECTED ON THE NON-PARTISAN TICKET. (Delegates representing a Congressional District were
elected "At large.")
COUNTY OR
CONGRESS.
POLITICAL DISTRICT
NAME BIRTHPLACE RESIDENCE AGE OCCUPATION PARTY REPRESENTED
Alexander R. Andrews Kentucky Shasta City 49 Lawyer* Democrat Trinity/Shasta

James J. Ayers Scotland Los Angeles 48 Editor Democrat 4th District
William H. L. Barnes Mass. San Francisco 46 Lawyer Republican 1st District
Isaac S. Belcher Vermont Marysville 53 Lawyer* Republican 3rd District
Marion Biggs Missouri Biggs Station 55 Farmer* Democrat 3rd District
H. C. Boggs Missouri Lakeport 58 Farmer Democrat Napa/Lake/Son.
Josiah Boucher Penn. Chico 59 Farmer Republican Butte
Samuel B. Burt New York Bath 50 Mining* Republican Placer
Alexander Campbell Jamaica Oakland 58 Lawyer* Republican Alameda
James Caples Ohio Sacramento 55 Farmer Democrat Sacramento
Eugene Casserly Ireland San Francisco 56 Lawyer* Democrat 1st District
Augustus H. Chapman New York Chico 51 Lumb'r dlr Republican Plu/Lass/Butte
James M. Charles Penn. Vallejo 69 Rancher Republican Sonoma
David H. Cowden Penn. Marysville 39 Lawyer* Republican Yuba
W. L. Dudley Stockton Lawyer Republican San Joaq/Amadr
Presley Dunlap Penn. Sacramento 61 Lawyer Democrat Sacramento
John A. Eagon Virginia Jackson 51 Lawyer* Republican Amador
Henry Edgerton Vermont Sacramento Lawyer* Republican 2nd District
Morris M. Estee Penn. San Francisco 45 Lawyer* Republican 1st District
Thomas H. Estey Mass. Nicasio 52 Farmer Republican Contra C/Marin
Eugene Fawcett Ohio Santa Barbara 33 Lawyer* Republican Santa Barbara
Joseph A. Filcher Iowa Auburn 33 Journalist Democrat Placer
Abraham C. Freeman Illinois Sacramento 35 Lawyer Republican Sacramento
50
64
Benjamin B. Glascock Missouri Spring Valley 35 Farmer Democrat Colusa
William J. Graves Virginia San Luis Obispo 48 Lawyer* Democrat 4th District
(C)William J. Howard--convention elected to fill vacancy caused by death of J. M. Strong.

(C)J. West Martin--convention elected to fill vacancy caused by death of H. H. Haight, elected delegate who died before
convention convened.
John S. Hager New Jersey San Francisco 56 Lawyer* Democrat 1st District
James E. Hale Penn. Auburn 54 Lawyer* Republican 2nd District
John B. Hall Maryland Stockton 59 Lawyer Democrat 2nd Dsitrict
John R. W. Hitchcock Virginia Castoria 53 Farmer Democrat San Joaquin
Joseph P. Hoge Penn. San Francisco 65 Lawyer* Democrat 1st District
William J. Howard (C) Lawyer* Democrat Mariposa/Merced
Wilbur F. Huestis Virginia Eureka 42 Leg. Clerk Republican 3rd District
Daniel Inman Tennessee Livermore 51 Farmer* Ind. Dem. Alameda
George A. Johnson Maryland Santa Rosa 49 Lawyer* Democrat Sonoma
Lewis Fuller Jones New York Mariposa City 57 Lawyer Democrat Marip/Mer/Stan
John M. Kelly Missouri Woodland 53 Farmer* Democrat 3rd District
Thomas H. Laine Missouri Santa Clara 46 Lawyer* Democrat Santa Clara
Royal Mills Lampson Vermont Chinese Camp 47 Physician Republican Tuolum/Calaver
Hugh M. La Rue Kentucky Sacramento 48 Farmer Democrat 2nd District
David Lewis Vermont Douglas 50 Rancher Republican San Joaquin
John Mansfield New York Los Angeles 56 Lawyer Republican 4th District
Edward Martin England Watsonville 45 Merchant Republican 4th District
J. West Martin (C) Maryland Oakland 56 Banker Democrat 2nd District
John G. McCallum Indiana Oakland 48 Lawyer* Ind. Rep. Alameda
Rush McComas Virginia Santa Clara 48 Farmer* Republican Santa Clara
Thomas McConnell Vermont Sacramento 51 Rancher Republican Sacramento
Thomas B. McFarland Penn. Sacramento 50 Lawyer* Republican Sacramento
John F. McNutt Tennessee Smartsville 63 Carpenter Democrat Yuba
John F. Miller Indiana San Francisco 47 Lawyer* Republican 1st District
William W. Moreland Arkansas Healdsburg 33 Lawyer Democrat Sonoma
51
65
(C)(d)James M. Strong--convention elected to fill vacancy caused by death of George M. Hardwick, elected delegate who died
before the convention convened. Strong then died and the convention elected William J. Howard to replace him.
(C)Smith B. Thompson--convention elected to fill vacancy caused by resignation of Thomas Morris, elected Workingmen
delegate who was disqualified because he was not a citizen.
James E. Murphy Maine Crescent City 32 Lawyer* Democrat Del Norte

George Ohleyer Germany Yuba City 47 Farmer† Democrat Sutter
Albert P. Overton Missouri Santa Rosa 48 Lawyer* Democrat 3rd District
J.M. Porter Lawyer Republican 2nd District
William H. Prouty Ohio Ione 41 Farmer† Democrat Amador
Mark R. C. Pullman Missouri Cherokee 54 Mining Co. Democrat Butte
Patrick Reddy New York Independence 39 Lawyer Democrat Mono/Inyo
George W. Schell New York Modesto 41 Lawyer* Republican 4th District
Justus Schomp Ohio Acampo 43 Farmer Republican San Joaquin
James M. Shafter Vermont Marin Co./S.F. 62 Lawyer* Republican 3rd District
Rufus Shoemaker Mississippi Grass Valley 48 Journalist Democrat 2nd District
Benjamin A. Shurtleff Mass. Napa City 57 Physician* Republican 3rd District
Edward O. Smith Maryland San Jose 61 Farmer Democrat Santa Clara
George V. Smith Kentucky Bakersfield 35 Lawyer Republican 4th District
George Steele New York San Luis Obispo 53 Farmer* Republican San Luis Ob.
David C. Stevenson Ohio Millville 57 Merchant Republican Sis/Mo/Tr/Sha
James M. Strong (C)(d) Georgia Hopeton 47 Farmer Democrat Mariposa/Merced
Charles V. Stuart Penn. Glen Ellen 59 Farmer Republican Sonoma
David S. Terry Mississippi Stockton 51 Lawyer* Democrat San Joaquin
Smith B. Thompson (C) New York San Francisco 57 Educator/Carpenter Republican San Francisco
Wiley J. Tinnin Mississippi Weaverville 49 Merchant* Democrat 3rd District
Pleasant B. Tully Tennessee Gilroy 49 Lawyer Democrat 4th District
Henry K. Turner Maine Sierra Valley 50 Farmer* Republican Sierra
Walter Van Dyke New York Oakland 55 Lawyer* Republican 2nd District
52
66
William Van Voorhies Tennessee Oakland 58 Lawyer* Democrat Alameda
Byron Waters Georgia San Bernadino 29 Lawyer* Democrat 4th District
Jonathan V. Webster Tennessee Brooklyn 48 Farmer† Ind. Dem. Alameda
Joseph R. Weller New Jersey Milpitas 59 Farmer Republican Santa Clara
Samuel M. Wilson Ohio San Francisco 54 Lawyer Democrat 1st District
Joseph W. Winans New York San Francisco 58 Lawyer Republican 1st District
*Had previously served in the legislature or judicial system of California, another state, or at the federal level.
†Had previously, or was currently a member of the Grange (state or county level).
DELEGATES ELECTED ON THE WORKINGMEN TICKET.

**Edward Evey and John P. West--nominated by Farmers, endorsed by Workingmen. (d)Bernard F. Kenny--died during
convention. (C)John J. Kenny--convention elected to replace Bernard.
FORMER
POLITICAL COUNTY
Clitus Barbour Illinois San Francisco 41 Lawyer† Republican San Francisco

Edward Barry Australia Downieville 31 Lawyer Republican Nevada/Sierra
James N. Barton Ohio Ferndale 48 Farmer* Democrat Mend/Hum/Del N.
Charles J. Beerstecher Germany San Francisco 28 Lawyer† Republican San Francisco
Peter Bell Scotland San Francisco 33 Painter† Democrat San Francisco
John D. Condon Ireland San Francisco 32 Cabinet mkr† Democrat San Francisco
Charles W. Cross New York Nevada City 30 Lawyer Republican Nevada
Hamlet Davis Kentucky Truckee 69 Merchant Democrat Nevada
James E. Dean Rhode Island Placerville 41 Mining Republican El Dor/Alpine
Patrick T. Dowling Ireland San Francisco 30 Mining† Democrat San Francisco
Luke D. Doyle Ireland San Francisco 60 Gardener† Democrat San Francisco
Edward Evey** Maryland Anaheim 65 Farmer* Democrat Los Angeles
53
67
Simon J. Farrell Mass. San Francisco 25 Businessman† Democrat San Francisco
Charles G. Finney, Jr. New York San Buenaventura 48 Lawyer/Farmer Republican Ventura
Jacob R. Freud New York San Francisco 21 Merchant† [none] San Francisco
Joseph C. Gorman Ireland San Francisco 35 Eng/Tinner† Republican San Francisco
William P. Grace Tennessee San Francisco 41 Carpenter† Republican San Francisco
Thomas Harrison England San Francisco 41 Rigger† Democrat San Francisco
Conrad Herold Germany San Francisco 47 Grocer† Democrat San Francisco
Dennis W. Herrington Indiana Santa Clara 52 Lawyer* Republican Santa Clara
William P. Hughey Kentucky San Francisco 47 Sign painter Democrat San Francisco
George W. Hunter Indiana Spanish Dry Diggings 49 Merchant* Democrat El Dor/Alpine
Peter J. Joyce Ireland San Francisco 39 Furniture dlr† Ind. San Francisco
Bernard F. Kenny (d) California San Francisco 24 Telegrapher† Democrat San Francisco
John J. Kenny (C) San Francisco Merchant Democrat San Francisco
Charles R. Kleine Germany San Francisco 48 Shoemaker/Minister Rep. San Francisco
Henry Larkin New York Diamond Springs 52 Farmer* Democrat El Dorado
Raymond Lavigne France San Francisco 30 Lithographer† Democrat San Francisco
John F. Lindow Germany San Francisco 45 Tailor† Republican San Francisco
John McCoy Penn. North San Juan 41 Mining Republican Nevada
William S. Moffatt New York Woodside 60 Farmer Democrat San Mateo
Lucius D. Morse Vermont San Mateo 56 Physician Republican San Mateo/S.F.
Thorvald K. Nelson Norway San Francisco 30 Wood turner† Republican San Francisco
Henry Neunaber Germany San Francisco 40 Merchant Republican San Francisco
Charles C. O'Donnell Maryland San Francisco 44 Physician† Independent San Francisco
James O'Sullivan Ireland San Francisco 53 Editor† Independent San Francisco
James S. Reynolds New York San Francisco 47 Lawyer† Republican San Francisco
Charles S. Ringgold Maryland San Francisco 46 Advert. sales† Democrat San Francisco
Henry W. Smith Maine San Francisco 40 Plumber† Republican San Francisco
Ezra P. Soule Ohio Susanville 51 Milling Republican Plumas/Lassen
John C. Stedman California San Francisco 28 Accountant† Independent San Francisco
William J. Sweasey England Eureka 73 Merchant* Independent Humboldt
Charles Swenson Denmark San Francisco 31 Seaman/Inn keeper Rep. San Francisco
Daniel Tuttle Ohio Pajaro 55 Farmer Republican Santa Cruz
54
68
Alphonse P. Vacqueral France San Francisco 37 Seaman/Cook† Republican San Francisco
Hugh Walker Canada Olema 35 Merchant Republican Marin
Patrick M. Wellin Ireland San Francisco 42 Carpenter† Independent San Francisco
John P. West** Ireland Compton 53 Farmer* Republican Los Angeles
William F. White Ireland Watsonville 56 Farmer Democrat S. Crz/Mntr/S.Benito
John T. Wickes Maryland Grass Valley 43 Teacher Democrat Nevada
Nathaniel G. Wyatt Missouri Salinas City 50 Lawyer* Democrat Monterey
†Active member or officer of the Workingmen's Party of California, or the Workingmen's Party of the United States.
DELEGATES ELECTED ON THE REPUBLICAN, DEMOCRATIC, AND INDEPENDENT TICKETS

Eli T. Blackmer Mass. National City 47 Music Instr. Republican San Diego
Robert Crouch Ohio Napa City 55 Lawyer* Republican Napa
Jonathan M. Dudley New York Dixon 48 Farmer* Republican Solano
V. A. Gregg Iowa Bakersfield 34 Lawyer Republican Kern
John A. Harvey New York Vallejo 40 Lawyer Republican Solano
Samuel G. Hilborn Mass. Vallejo 43 Lawyer/Real Est.* Rep. Solano
James H. Keyes Connecticut Nicolaus 47 Farmer Republican Yuba/Sutter
Hiram Mills New York Martinez 48 Lawyer/Farmer Republican Contra Costa
Charles F. Reed Mass. Knights Landing 52 Farmer/Eng.* Republican Solano/Yolo
John M. Rhodes Ohio Woodland 62 Farmer/Miller Republican Yolo
Horace C. Rolfe (the east) San Bernadino 33 Lawyer* Republican San Bern/San D.
Jehu Berry Ohio Yreka 52 Lawyer* Democrat Siskiyou/Modoc
Joseph C. Brown Kentucky Tulare Co. 57 Educator/Farmer* Democrat Tulare
James B. Garvey Penn. San Andreas 35 Educator/Dpty Shrf Democrat Calaveras
Tyler D. Heiskell Virginia Oak Dale 55 Farmer* Democrat Stanislaus
Samuel A. Holmes N. Carolina Borden 48 Farmer Democrat Fresno
Volney E. Howard Maine San Gabriel 69 Lawyer* Democrat Los Angeles
55
69
Randolph S. Swing Ohio San Bernadino 33 Lawyer Democrat San Bernadino
Ferdinand O. Townsend New York Ukiah 33 Farmer Democrat Mendocino
John Walker N. Carolina Sonora 53 Physician Democrat Tuolumne
Henry C. Wilson Kentucky Tehama City 51 Farmer Democrat Tehama
Edmund Nason New Hampshire San Felipe 53 Farmer Independent San Benito
Alonzo E. Noel Tennessee Lakeport 46 Lawyer Independent Lake
(both Nason and Noel were formerly Republicans)
56
70
.
1414 DEBATES AND PROCEEDINGS WEDNESDAY,
with the balance of the file. There are just two propositions-achedule thirty-five thousand. This would make aixty thousand circulation
and State bonnrlary. I hope that the motion will not prevail. for San Francisco. Take the average of the other sixty-three papei"B
Ma. HAGER. Mr. President: We have not got through the file. in the State which are to be aeleCted to be one thousand Circula-
We have to go through it before we commence at the top again. The rule tion each, including Alameda and Sacramento, and it would make
is to put engrossed bills at the top of the file, but we must go through aixty-three thousand additional circulation. Now there would be a
the calendar before we get back to the top. That is the ordinary rule.. sufficient number of supplements furnished to equal twice the State
Ma. McCALLGM. The rule says that they shall be taken up in circulation of such papers, which would make the aggregate number
order. The Chair can decide it as a point of order. My point of order to be supplied, at the lowest pollllible, of two b.undred and forty-six
is, that that which is at the head of the file comes first in order. thousand supplements. These supplements, according to the estimates
Tn PRESIDENT. The Convention baa unanimously dispensed of the State Printer will cost eight thousand five hundred and eighty-
with that order. three dollara. For sending them out through the several papera, there
Ma. McCALLUM. I object to that any farther. baa been different estimates as to what theso papers will charge. It is
TRI: PRESIDENT. The Chair decides that the point of order ia not claimed that some of them will do it $ratuitously, but the probability ia
well taken. that the rate could not be leas than tbtrty dollars for eaeb; therefore the
Ma. McCALLUM. I will submit to the ruling of the Chair, in order cost of such circulation would be one thousand nine hundred and eighty
that the gentleman may see the effect of it. dollars, making an aggregate cost of ten thousand five hundred and sixty-
three dollars. Now, sir, according to the estimate of the State Printer,
SCBBDll'LK. for one hundred and finy thousand copies of this Constitution in pam-
TBR PRESIDENT. The Convention will proceed to the considera- phlet form, etitched, we have an aggregate coat or seven thousand eight
tion of the report of the Committee on Schedule. The Secretary will hundred and forty-eight dollars; for mailing, etc., one thousand doll&1"8,
read the amendments of the Committee of the Whole. making the aggregata eight thousand eight hundred and forty-eight dol-
TRB SECRETARY read all the amendments proposed by the Com- Jan, as against ten thousand five hundred and sixty-three dollars for the
mittee of the Whole, and then the amendment to section two, aa fol- supplements-a difference in favor of the pamphlets of one thousand
lows: seven. hundred and fifteen dollars. The postage- on the supplements will
INSTall' KENTS. be at leaat I!C{Ual to the postage on the pamphlets; 80 that it occun to
"Sr.c. 2. That all recognizances, obligations, and all other instru- me, sir, that rt will be much more expeditioue and mucli more satisfac-
ments entered into or execut~ before the adoption of this Constitution tory to have this in pamphlet form than in supplement form, especially
to this State, or to any subdivision thereof, or any municipality therein, when it will cost no more, admitting that the number on the Great
and all fines, taxes, penalties, and forfeitures due or owing to this State, Registers of the State ~uala two hundred thousand. The largest vote
or any subdivision or municipality, aud all writs, prolleCutions, actions, polled in this State, whach was in eighteen hundred and aeventy-eix,
and causes of action, exe<>pt as herein otherwise provided, shall continue was one hundred thouasnd and fitly-five. The vote previous to that wu
and remain unaffected by the adoption of this Constitution. All indict- one hundred thousand and twenty-two. But admitting that there are
ments or informations which shall have been found, or may hereafter tiny thousand of registered voters in excess of the actual voters, and we
be found, for any crime or offense committed before this Constitution have a cost of the pamphlets for two hundred thousand, not greater than
takes effect, may be proceeded upon as if no change bad taken place, the cost of two hundred and forty-six thousand supplements. The
exeept as otherwise provided in this Constitution." trouble with the eupplements is that they will not reach more than half
Concurred in. the registered voters in the State. Under the plan adopted by the Com-
Tn PRESIDENT. The Secretary will read the amendment to sec- mittee of the Whole, the State Printer has got to enter into negotiations
tion four. for the purpose of determining what these pnpera will charge. That
CIRCULATION 01" TRB CONSTITUTION.
will probably consume a month of time. I learn from the State Printer
that to print one hundred and finy thousand pamphlets will take fit\een
THE SECRETARY read: days, running day and night; and that it will take no additional time
"Sr.c. 4. The Superintendent of Printin~ of the State of California to send them ont through the mail, because this ean be done at th., same
shall, at least thirty•days before the first Wednesday in May, eighteen time the printing is going on. If you print two hundred and forty
hundred and seventy-nine, on sueh terms as may be reasonable, select thousand supplements it will take additional time. Besides, the supple-
and contract with one newspaper proprietor in. each county in this State ment form would not be convenient to handle and study. It would be
in which a newspaper is published, for the publication and iBSuance, torn UP. a dozen times before it oould be completed. If it is in pamphlet
once a week for two successive weeks next before said election, in their form, af the Constitution should be adopted, which we have reason to
respective papers ns a supplement thereto, the printed oopies of this believe it will be, every qualified voter in the State will have a Consl.i-
Constitution, as hereinafter provided. The circulation of such papers tution in his house, which is subject to his inspection. I think it is not
shall be taken into consideration in making such con~racts and selection, neceseary to sal anything more upon this subJect.
and the papers so selected shall issue a number of such supplements Ma. SHAFTER. Mr. President: How is it possible for the State
equal to the circulation of such· papers in this State. In counties con- Printer here to know the post office addrese of every voter in the State T
taining property of an assessable valuation of ten million dollars or over, I suppose there is a penalty for opening a package addressed to any
not more than three such papers may be so selected. The Superintendent person, 80 that they could not be distributed by postmasters.
of Printing shall cause to be printed and delivered to the newspapers 80 Ma. WEBSTER. I do not know about the penalty for opening pam-
selected, in due time li>r publication thereof, a number of sueh supple- phlets, but 80 far aa learning the address ofvoters is concerned there would
ments equal to twice the State circulation of such papers. The Governor be little trouble. The great register gives the precincts, and there are
shall issue his proclamation, giving notice of the election for the adop- post offices in most of the precincts or townships.
tion or rejection of this Constitution, 11.t least thirty days befnre the saad M a. SHAFTER. I do not myself recollect whether there is a penalty
first Wednesday of May, eighteen hundred and seventy-nine; and the affixed to the opening of pamphlets directed to others, but every one will
Boards of Supervisors of the BeVer&) counties shall cause said rroelama- recollect that there are severe penalties for opening letters.
tion to be mnde public in their respective counties, and genera notice of
said election to be given at least fifteen dave next before said election." aall.l81:8 or 118. CAPLBS.
lb. WEBSTER. Mr. President: I otftir an amendment. Ma. CAPLES. Mr. President: I earnestly hope that the amendment
THE SECRETARY read: of the gentleman from Alameda will be adopted. It is necessary, in fact
"Strike out all down to and including the word 'papers,' where it it is indispensable, that we should advertise the Constitution that we are
occurs in the fifteenth line, and insert the following: • The Superin- about to adopt here and pi1Ul0 it before the people. The mode presented
tendent of Printing of the State of CRiifornia shall, at least thirty days by the committee is to have supplements printed and have them sent
before the first Wednesday in May, A. D. ei~hteen hundred and seventy- out under contracts with newspaper publishers. Now I submit that this
nine, canso to be printed at the State Printang Office, in pamphlet form, plan is entirely, wholly, and utterly inadequate. There is not only a
simply stitched, as many copies of this Conatitution as there are rep:ia- majority, Mr. President, but there is a vast majority of the voters of
tered voters in this State, and mail one copy thereof to the Post Office California, who do not subscribe for any newspaper. They might aee a
address of each registered voter; provided, any copies not called for ten copy of the Constitution or they might not. The proposition of the gen-
davs after reaching their delivery office, shall be subject to general dia- tleman from Alameda is to have it printed in pamphlet form and mailed
tribution by the several Postmasters of the State.' " to every voter in the State. The coat will be little more, if any, and it
BEll j,fti(S 01' liB. WEBSTER.
is the most thor»ugh means of ~etting the Constitution before the people.
It would be worth the money Jt cost the people of California, because it
Ma. WEBSTER. Mr. President: It occurs to me, sir, that the plan would be bringing before them a matter that is of vast consequence to
as adopted by the Committee of the Whole is unsatisfactory. I think, them and to the State. It would induce them to take an interest in the
sir, under that rlan, under the most favorable circumstances, not more politics of the country. It would induce them to inform themselvee in
than one half o the qualifie<i voters of this State will receive a copy of regard to the fundamental law of the land, and even if the Constitution
this Constitution, while other voters of the State would receive from one should be rejected, it would be worth the money it cost. It is a patent
to ten, owing to the number of papers that they take through which this fact that the average voter does not take that interest in public concerns
Conatitution was sent out. Now, sir, the object of this matter is that that be should do; that he is not as well informed as be should be in
the greatest number of electors of this State should be Informed in regard order to discharge wisely the great functions of the elective franchise.
to the work which we have been doing here. Another point is the cost Now I can conceive of no method that would be 80 well calculated to
of this publishing and sending out. I took the trouble to 1(0 to the State induce the avera¥8 voter to inform himself as this proposition of sending
Printing Offire and get a statement from the State Printer in regard to the Constitution m pamphlet form to every voter in the State. I hope
the cost of this work, and I find that the supplements will cost more, or that this amendment will be adopted. .
as much at least, as the pamphlet.s. Now, the plan adopted by the Ma. CAMPBELL. Mr. President: So far as the suggestion made by
Committee of the Whole provides that the State Printer shall select and the gentleman from Marin is concerned, it will be obloerved by reference
contract with a certain number of papers to circulate supplements. to the Act of Congress on that subject, that the objection has no force.
Now, sir, we will take three papers which, under this plan, must be This clearly would not come, in my judgment, within the meaning of
selected in San Frnnd8<'0. The average circulation of these three that Act. But if it could, by any poanbly strained construction, it would
papers would not be less than twenty thousand each. The Call claims be very eaay to indorse in print upon the wrapper: "lf not called for
71
Digitized byGoogl~
72
lxii CONSTITUTION OF GALIFORNIA.
be published in at least one newspaper in each judicial district, if one be published< tlJerein,
throughout the State, for three months next preceding the election at which it is submit~ to
the people. · '
ARTICLE IX.
EDUCATION.
SECTION 1. A Superintendent of Public Instruction shall, at the special elecLion for judicial
officers, to be held in the year eighteen hundred ami sixty-three, and every four years there-
after, at such special elect10ns, be elected by the qualified voters of the State, and shall enter
upon the duties of his office on the first da.y of December next after his election.- [Amended,
1862.]
SEc. 2. The Legislature shall encotirage, by all suitable means, the promotion of intellect-
ual, scientific, moral, and agricultural improvement. The proceeds of all lands that may be
granted by the United States to this State for the support of schools which may be sold or dis-
posed of, and the five hundred thousand acres of land granted to the new States, under an Act
of Congress distnbuting the proceeds of the public lands among the several States of the Union,
approved A. D. one thousand eight hundred and forty-one, and all estates of deceased persons
who may have died without leaving a. will or heir, and also such per cent. as may be granted
by Congress on the sale of lands in this State, shall be and remain a perpecual fund, the interest
of which, together with all the rents of the unsold lands, and such other means as the TJegisla-
ture may provide, shall be inviolably appropriated to the support of common schools through-
out the State.
S.:c. 3. The Legislature shall provide for a system of common schools, by which a school
shall be keot up and supported in each district at least three months in every year; and any
school district neglecting to keep up and support such a school may be depnved of its propor-
tion of the mterest of the public fun<l during such ne~lect.
SEc. 4. The Legislature shall tt~ke measures for fi1e protection, improvement, or other dis-
position of such lands as have been or may hereafter be reserved or granted by the United
Sta.tes, or any person or persons, to this State for the use of a University; and the funds accru-
jng from the rents or sale of such landsJ or frOJn any other source, for the purpose aforesaid,
shall be and retnain a permanent fund, the interest of which shall be applied to the support of
said University, with such branch~s as the public convenience may demand, for the promotion
of literature, the arts and sc1ences, as may be authorized by the terms of such grant. And it
shall he the duty of the Legislature, as soon as may be, to provide effectual means for the
improvement and permanent security of the funds of said University.
ARTICLE X.
MOOR OF AMF.NDING AND REVISING THE CONSTITUTION.
SECTION 1. Any amendment or amendtrlBnts to this Constitution may be proposed in the

Senate or Assembly; and if the same shall be agreed to by a majority of the members elected
to each of the two Houses, such proposed amendment or amendments shall be entered on their
journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be
chosen, and shall be published for three months next precedin~ the time of making such choice.
And if in the Leg1slature next chosen as aforesaid, such proposed amendment or amendrnents
shall be agreed to by a mt~jority of all the members elected to each House, then it shall be the
duty of the Legislature to submit such proposed amendment or amendments to the people, in
such manner and at such time as the Legislature shall prescribe; and if the'people shall approve
a.nd ratify such amendment or amendments, by a majority of the electors qualified to vote for
members of the Legislature voting thereon, such amendment or amendments shall become part
of the Constitution.
SEc. 2. And if, at any time, two-thirds of the Senate and Assembly shall think it neces-
sary to revise and change this entire Constitution, they shall recommend to the electors, at the
next election for members of the Legislature, to vote for or against a conventiOn; and if it shall
appear that a majority of the electors voting at such election have voted in favor of calling a
convention, the Legislature shall, at its next session, provide by law for calling a conventionJ to
be holden within six months after the passage of such latv; and such convention shall consist
of a number of mem hers not less than tllat of both branches of the Legislature. The Constitu-
tion that may have been agreed upon and adopted by such convention shall be submitter! to
the people at a epecial election, to be provided for by ~aw, for their ratlfication or rejection:
each voter shall express his opinion by depositing in the ballot-box a tiCket, whereon shall be
written or printed the words "For the New Constitution," or" Against the New Constitution."
The returns of such election shall, in such manner as the convention shall direct, be certified to
the Executive of the State, who shall call to his assistance the Controller, Treasurer, and_ Secre-
tary of State, and compare the votes so certified to him. If, hy such examination, it be ascer-
tained that a majority of the whole number of votes cast at such election be in favor of such
new Constitutwn, the Executive oL this State shall, by his proclamation, declare such new
Constitution to be the Constitution of the State of Cahfornia.-[Amended November 4, 1856.]
73
' • .......y,...;;;p "'t ¥ • ±·
138 STATUTES OF THE STATE OF CALIFORNU,
Voucher or the office of the Treasurer, and shall be to him a voucher for any
State Treasurer. payments made by him under the provisions of this .Act j and in the
event that such non-r-esident foreigner or foreigners do not appear or
When not claim said estate or proceeds, and produce said evidence within said
claimed, espbeats extended term of five yean>, then said estate or proceeds shall be and
to State. become the property of the State, and shall be by the l'reasurer
School Fund. of State placed to the credit of the School Fund.
~:E:::Ing SEc. 2. All Acts and parts of Acts conflicting with the provis-
ions of this Act are hereby repealed.
CHAPTER CXVII.
. AN ACT
Agreeing to the Proposed Amendments to the Constitution,

and Providing for its Submission to the People.
[Approved April 19, 1856.]
The People of the State of California,

1·epresented in Senate arw~ Assembly, do enact as follows :
Preamble. SECTION 1. The Legislature of the State of California, at its sixth

session, commenced on the first day of January, A. D. one thousand
eight hundred and fifty-five, having, by the required constitutional ma-
jority proposed the amendment hereinafter set forth, and the same hav-
ing been referred to the present Legislature, and having been published
for three months, next preceding the late general election, as required
by the Constitution-now, the Legislature of the State of California
Amendments to at its seventh session, commenced on the seventh day of January, A.
Constitution D. one thousand eight hundred and fifty-six, does hereby agree to,
agreed to.
and adopt, as an amendment to the present Constitution of this State,
the following : Section two of Article ten, is amended so as to read
as follows:
Sectio'u two of Section 2. And if, at any time, two-thirds of the Senate and
Article X. Assembly shall think it necessary to revise and change this entire
Constitution, they shall recommend to the electors, at the next elec-·
tion for members of the Legislature, to vote for or against a Conven-
tion, and if it shall appear that a majority of the electors, voting at
such election, have voted in favor of calling a Convention, the Legis-
lature sJ;lall, at its next session, provide, by law, for calling a Conven-
tion, to be holden ,vi,thin six months after the passage of such law;
and such Convention shall consist of a number of members, not less
than that of both branches of the Legislature. The Constitution
that may have been agreed upon and adopted by such Convention,
shall be submitted to the people, at a special'election, to be provided
for by law, for, their ratification or rejection; each voter shall express
his opinion by depositing in the ballot-box a ticket, whereon shall be
74
SEVENTH SESSION,
written or printed, the words "For the new ConsJi·tY:tion," or "~gainst

the new Constitution." . The returns of such ele;ction shall; in .such
manner as the Convention shall direct, be certified to the Executive
of the State, who shall call to his assistance the Controller, Treasurer
and Secretary of State, and compare the votes so certified to him.
If, by such examination, it be ascertained that a majority of the
whole number of votes cast at such election, be in favor of such new
Constitution, the Executive of this State shall, by his proclamation,
declare such new Constitution to be the Constitution of the State of
California. '
SEc. 2. The foregoing proposed amendment to the Constitution, submitted to
shall be submitted to the people, for their approval and ratification, people.
at the ne~t general election; the vote shall be by ballot, either writ- Ballots how
ten or prmted, and shall be, "For the proposed amendment to the worded.
Constitution," or "Against the proposed amendment to the Constitu-
' tion." -
SEo. 3. The votes shall be counted, and returns thereof be made, Return and
in the same manner, and within the same time, to the Secretary of count of votes,
State, as is provided for the canvass and return of votes for Gover-
nor and Lieutenant-Governor. Said returns shall, during the next
session, commencing on the first Monday in January,. A. D. one thou-
sand eight hundred and fifty-seven, be published by the Speaker of Speaker to
the Assembly, in the presence of both Houses, i,n the same manner doc! ..re result.
that the vote for Governor is published and declared ; and if a ma-
jority of the votes cast, concerning the aforesaid amendment, are in
favor of the same, then such amendment shall, forthwith upon said g'o~~~~~~dto
publishing, become a part of the Constitution, and the Governor make
shall make proclamation thereof. preclawntion.
~CHAPTER OX VIII.
AN ACT
Concerning the Records of Yuba County.

[Approved Apr!! 19th, 1856.]
The People of the State of California,

represented in Senate and Assembly, do enact as follows:
SEC':ION 1. Th~ County Recorder of Yuba County is h~reby CountyRecorder

authorized and reqmred, as soon as the same can be convemently to transcribe
done, to transcribe, in ~uch manner and into such hooks, as are pre- ~rr;:~~r~~oks
scribed by section twelve of the Act entitled "An Act concerning
County Recorders," passed March twenty-sixth, eighteen hundred
and fifty-one, the following Books of Record in his office of Deeds,
Mortgages, Powers of Attorney, and other instruments, namely:
75
-...::::::.
43-1 STATUTES OF OALIFORNIA.1
ll~sr•on•l· bo l'espollf!ihle in allro!Opecls, tmd shall be linble nndor the gon-

IJility uf ernl laws relnting to County Ar.;sessot·s, where t-ho 8ame is not
Att::ll':'i!VI'ao
qunlifi.ed by t.he pt·oyisionR of tldt! Act; and the said Assessors
arc her('by clothed with the same authority, in their oflicial
eapneit.y, us urc County Assessors, Lo tho ext cnt of each pnrticu-
lt~t· town~:<hip.
81-:c. 1ft. Eneh Townl'hip A~sct'l~m· Rhall rcel'iYc :L per diem.
to be fixed hy the .Bo:ml of' Supervisors, Ttot ex(·enrling three
dolhw:,~; prrmid~tl1 that the Bonrtl of Supcrvi:oors nu-1.y limit tl1o
nnmbet· of duys to which each Asscssot· mny be allow1:d for·
assessing his towm:~hip; and, provi•Ted, forth or, tlmt such compen-
sation shnll not exceed one- hundred dollars in any township,
mwh year.
Act St·:c: ]!). The provisions of nn .Act entitled 1m .Act to pl'ovidc
UJIJ•IiroMe.
Revenue for the 8npport of' tho Government of thi~ St:tto, np-
prm·ed llny seventeenth, eighteen hundred and sixty-one, !!hall
be :tp}•licablc in nll its ]>rovisions to tho 'fownship Cnllectors
and Asset>Rors, in their respective toWllships, U!; in Raid Act pro-
vidocl for, fbr County Collectors and Asr~os~:~ors, cxcopt wherein
suid Act conflict-!! with the J>l'OY"isions of thit> Act.
umco of Srw. ~0. On and after "the first Monclay iu 1\Inrch, A. D.
County
As;;:cSbor eighteen huudt•ed und sixty-four, the ofticcil of Cmmt.y Collector
al>oiL•hcd. mid Gount.y .\!'lsessor, in nnd for the County of .ffil llornllo, aud
on and nftor the first Moudny in 1\l:trch, A. D. eighteen hundred
:mel "ixt.y-threo, tlte ofliees of County Collector and County .As-
r;es!iOt', in :utd fol' the County of Amador, shall be abolished.
81-:C'. 21. Constables may be eligible to election ii11· the office
of Collector and Assessor in tho Counties of El Dorado and
Amntlor.
CrrAP. CCC:X:VIf.-An Act to provide for tlw Bltbmission of tlte pro-

po.qNl .inwndmenfs to the (Jonstitttfion of the Stttte, us p1'oposed b;y ·
the Lli[JI'•latlll'e of ci'yl&tem lmndred a.11d si:c~y-o11e 1 awl mlopted b/1
the Legis/at lll'e of ci!Jl&term lm11drecl ai!Cl si.vf/1-fwo, to tlw vutes of tllll
qllo1ificd clr.cfur.~ <tt tl1e n~.ct (icncml Election.
[Approved .April 25, 1862.)
17w PClpla of l11c Sta.fe of Cal(iJrnia., 1'£1)Tr.s<JIIferl in Sm1ate anti

Assl.·mU/1, do enact as jullozcs:
Advt•rtisr- Sl!:Cl'ION 1. It shall be tht! cluty of the Governor to advertise
ment.
the pt'OJ10f.ltld .\ mcwlmoJJts tu the Constitution, nil IH"opof.lcd by
the I.egislatnre of ei~hteen hundred nnd sixty-one, and adopted
by tho Legislature of eighteen hnndrud ::tncl Rh:ty-two, in the
~>nme munner us he is no'v directed, by law, in tho case of pro-
clamations anr.l offiuial notices, for the spuue of throe. months
Dl'XL preeeding the next general election.
novcrnor Sxc. 2. The Amendments to eneh article of tho Com;;titution
t.)pn'flcribo
liJrmof !'hall be voted upon sepn.mtely from the other!~, in tho manner
voting. anrl form prescriLcd h;-.- the Gove-rnot·, whieh m:mner and form
shall uo }ll'iut.cd, with the proposed amendments, and fb1• the
76
THIRT.EENTII SESSION. 435
same length of time that they !lh:tll be advcrtiF<cd, as proviucd
in Kcr:tion ono of this Act.
St:c. 3. •rue vote;; ca-st fc)l" and againRt sairl1n-oposcd amend- c""""""
mont!! shall be eumTassed in the same mtwncr ns uow pt·oviued or votes.
by law in the olect.ion of Stut.c oificors, other than Govc.:~·nor uu<.l
Lioutonnnf.-Gon:>t"nor, and if it ~:~hall nppeur that a majority of
nil tho votes cn:;:L upon the <Jllt•>~1-ion of such nmcndmcut or
amomlmcuts, at ;~aiel next geucrttl election, ttro in iiwor nf tmch
umcndmc11t or n.numdrpcnt.s, as a purt of tho C'o11stitntiou of' the
State, then t.he novemor shall iHsnc hit! )H"Oel:trnatiou, rlcc·hl.l'illg' Governor
F<lu::h fitr:t, ttlld tho !!aid amendment Ol" nmenrlmcntR tlml'! arloptcd ~~~~~~Ql:ro-
shnll become and lJc a purt of' tho Cou.;titntiuu uf this Stnte. '
HEc. 4. ThiE< A<:t shall take effect nnd bo in force froJU and
after its p!t!:isngc.
CnAI'. CCCXVIII.-.An Ad to app1·op1·ir~tl) Mom'!/ to the Ladies'

Reli"f Soci~~'l, aucl otlt.cr 13rmcvf.,ztmt ~ocir:li(,s.
[Approved April 25, 1862.]
Tlw P1·rplc of tlrfl Statll nf California, reprl'llf!?lf(•d in SrmutP- anrl

A.~esr1nb(y, do c11act as follows ;
SECTJON 1. Nino thom;nnd dollars nrc hi'J'elly upproprintod. AJIIlropri-

out of any money in the Treasury not ot.lwrwi::~o :tpvrop•·inted, ation.
as fbllowl'!: Three thonsnucl tlollat·s to the Hnn l<'r:m<:iHco IJariics'
Relief Soriet.;r; threo t.bouilnnd tloll::n·s to tho ::;:ul }'mncisco
Samaritan Society; and three thousand dollnrs to tho Uownrtl
Benevolent Society, of Ract·mnont.o. And the Controller of
Stute is hereby directed to draw his warrant for the 1\forosaid
smns, upon t.he 'l'rcasurer, who is hereby ttuthorir.ocl to pay tho
same.
CH.U. CCCXIX.-A11 Act to [ji"Q71t the R.(ql1t to construr.t a. T1trJit-

jlikP. Rr,rHI, bctu·r:r:lt tltr: 7'own of Gr((S8 Yalfcy, ln tlte C'fJ!wt.u of
Nr•vada., anrl a pot'llt 011 ./Jertl' Rive-r, at or ncar .Nr:Courtnet/s
( 'russi11[J.
[AJlJirO\"e><l April 25, 1SG2.]
'l'ltc People of tl1e State of Oal[frmz ia, 1'1'[11'f!~l'lttccl b& Scnatr; (tml
..hscmhi!J, rio rmrrct as jr,{.{ows:
SECTION 1. J'. H. Hush, together wit.h snch n"soc.:iatcs ll~'~ he l'mnchioo.

may ndmit., ~hull tnlce, have. ami enjoy. nll the rightij, privileges,
righ1 of way, fmnchit<cs, anr.l immnuit.iea, heroirmftur mcutionod,
upon condition that he :mtl his ns!!uointcs shnll in<:orpomte
thcm;~ckc!!, under the genc1·n.l laws of tho St:~tc rcglllnt.ing cor-
porations· and ln·oviding fot· the incorpomtinn nf tnrnt,ikc
I'oads, nnd ~:~hull adopt tho name of "The Grass Valley nnd Benr
Ri\"cr Tnrnpiko H.oad Company," and llhall abide by and fulfil
the further conditions hoi•oinaftor mentioned.
77
288 STATUTES OF CALIFORNIA,
Completion, SEo. 3. Said company shall within one year from the passage
of this Act commence the construction of said road, and within
three years build and complete the same, otherwise the rights
herein granted shall be forfeited, and this Act become null and
void.
Tolls. SEc. 4. Said comp::my, npon the construction and completion
of said road, are hereby authorized and empowered to charge
and collect such rates of toll as the Supervisors of Humboldt
County shall annually establish; p1·ovided, that said :Board of
Supervisors shall not have the power to reduce the rates of toll
so as to yield less than twelve per cent per annum on the capi-
tal stock of said company; and provided, further, that the capi-
tal stock shall not exceed fifty thousand dollars.
Right of SEc. 5. 1'be rights and privj]eges a1·e hereby granted upon
purchase
reserved. the express condition that the County of Humboldt may through
its Board of Supervisors have the right of purchasing said road
at the expiration of eight years after its completion, and of
being substituted in al! the rights and privileges herein granted
said company, by paying the sum actually expended in the con-
struction of said road, together with interest at the rate of ten
per cent per annum thereon; and for the purpoEle of ascertain-
ing said cost of construction, the :Board of Supervisors of said
county shall appoint one referee, the company shall appoint one
referee, and the two referees thus appointed shall a})point a
third referee, and said referees shall report the cost of said t:oad
upon oath ; provided, the said :Board of Supervisors shall not
have the rip;ht to purchase the said road except for the use and
benefit of the county.
SEc. 6. This Act shall take effect and be in force from and
after its passage.
CHAP CCLXV.-An Act In p1·ovMe for the registration of the citi-

zens of th?:s State, and for the enrolment in the several election
distn'cts of all the legal 'Voters thereof, and for the prevention and
punishment of j1·ands a.f!ectin!J the elective .franchise.
[Approved March 19, 1866,]
The Peop'le of the State of California, represented in Senate and

Assembly, do enact as follows:
Books to be SECTION 1. Each of the County Clerks of the several counties

proyided. of this State, including the City and County of San Francisco,
shall, immediately after the passage of this Act, be provided
with a suitable book or book~, strongly bound, with the neces-
sary ruled columns, and appropriate beadinp;s and labels, for the
registration, as hereinafter provided, of all the citizens of this
State resident in their respective counties, who are, or may be
within six months, by reason of continuous residence, legal
voters tbereof, which book shall be designated, entitled, and
known in law as the "Great Register."
78
SIXTEENTH SESSION. 297
dnction of u nnturali:r.n!ion certificate in dnc fhrm under tho senl
of tho JWOt>er Conrt, thn.t ho has b<'on admitted IL citizen of tho
United State-; wit.hin tho period of thirty-five days then next
preceding, and shall nl-;o prove hi11 residence in the district iu
the same mnnnor as is required anu BJ>eciticd in the }n·cccding
subdivision of this section.
SEC. 27. Prior to tho th·st dny of July, eighteen hundred and Enrnlmont
sixt.y-so'"cn, re .... istmtion in the Gt·ent Rogi~:~tor sbnll not be Vlll"'111J.ts.
un ir1dispcnsable vrercquisitu to enrolment on tbe poll lists, .
bnt dlll·ing 8niu int.t-rnll, ])Cl'SOnR duly qnnlifiud, whctbur native
or nutnrn.li?.ctl ci[.izoin'!. bnt not rc~io,ter•cd as nfbrcsnid, may,
ne,·erthelesR, be crn·ollell on the poll lists on llt'oducing to tl.rc
proper Bo:u·d of ltegistt·n.tion the 11:11ne proof of <:iti?.enship as
would be required to l'lllitle them to registmtion in tho Grmt
.Hegistcr, and in makiug u11 and complotin~ said poll li!lts ttll
other ;proYisions of t.hi~ Act :>hall be strictly ol.oFot-rvcd, ns well
bcfure ns aftct· F-aid date; pmvided, that rcgi.,tmtion in the
(h·eat U~lgi!!tCr UfOl"El!<Ui.J, when CXiRting, fill Well bcfOI'C US after
the said first 1lay of Jnly, eighteen hnnrlrcd and six:ty-~oycn ..
f'hnll, until the contrary is pro\·cd, be recl•h·ctl by the 13onrd of
llu~i,;tt·ation as .,uffic:icnt e•id1~nce that the pcraon reA"iste1·eu was,
at tho time of l'l'gi"tl·ntion, n citizen of tho U nitcd States, domi-
ciled in the county.
SEC. 28. Af'tct· tho fir~:ot day of Jnly. eighteen hundred and Ban••·
flixty-sevcn, regi'!tt•ution in tho Great llegi-;tcr being the only
authentic record of domiciliation and oitizenship, made upon tho
prerefjnisitc nud p1·opcr evidence, pt•osentetl ut t.lrc time and in
tire rnunnor pt·escribed by luw. none hnt tho<~o whose nnmo::; Fotnnd
I"egi~tored and mrct111celled upon the Great Register of the conn ty,
shull be onrollerlupon the pollli~ts in snch eonnty, except only
persons naturnli:r.cd, becoming ot' age, or coming int.o the county
to rcsiuo within thirty-fin, days next }ll"l'Ccdin~ tho day ol' tho
election fhr whic:h the J•oll lists arc mudc up. In all ea~es, both
before and nf'l,cr tho snid fit·,;t. dny of July, eighteen hmuh-erl nncl
sixt.r-~e\·cn, }>crsnns not l"c.~i~tct·cd in the Gt·cnt Hc.~istcr of tho
county whet·o tlll'y may apply to L1~ cnrollctl on the 11olllists ot·
to vote, ~lmll be r('qnir·ed to l!l'O\"C t.huir residence in tho J1l'Oper
election di·:ltJ·iot in t.ho flt~mc mamrtn· :t~ is mentioned and ,Fopc<:i-
ficd in the fir.;t Rnbdid:,don of section twonty-Fdx, and witL tho
s:unu p:wti(·ul:wity; and if 1.hcy ihll within the first. or· third
cXCC)>tion cont:tincd in the first clause of tlri~ '!ecLion. they shall,
after the l'l:tid fir~t cl:ty of' .fuly. A. D. ci!(hLN•n hnndt•etlttnd sixty-
se\·en, also Lo roquit·cd to pt·odnce to the Ho:u·cl of' Rogifltl':ttion
a certitiod nhst1·uct of registmtion in !'orne othc1· county, j!h·on
in J>Ul"&uancc of scttion two of thi'! Act; but if they full within
the sccowl exception eontaincd in 11ni•l first (']:ml'o, nnd claim
eitir.cnf'hip Ly Yit·tnc of tho natnmli?.tttion of tlrcmFoc\yus or of
theit· fathers, they shall be required to produce tho certificate of
such natumlir.<tLhm in dno form :ts tho only evidence t.hct·rot'.
SEc. 2!1. )/'o person ~hnll be allow<'ll to '"oto oxtcpt nt tho Votol'll, and
1
poll~:~ held in tl1e cloc·tion distJ•ict whore Ire resides; um· nnlo~l:! ~~;~~~~:r
Jris namo is lllli'Olll:'d on tho pollli~:~t whcro ho offm·~ his '"ote in
such district, nOL' for loc:tl or rt-pr·oscutati\"c oflicCI·s, unless he
38
79
•
CONSTITUTION OF THE STATE OF CALIFORNL\.
ADOPTED BY THE CONVENTION, OCTOBER TENTH, EIGHTEEN HUNDRED AND

FORTY-NINE; RATIFIED BY THE PEOPLE, NOVEMBER THIRTEENTH, EIGHT-
EEN HUNDRED AND FORTY-NINE; PROCLAIMED DECEMBER TWENTIETH,
EIGHTEEN HUNDRED AND FORTY-NINE; AND AMENDED EIGHTEEN HUN-
DRED AND SIXTY-TWO.
•
WE, The People of California, grateful to Almighty God for our freedom, in order to secure
its blessings, do establish this Constitution.
ARTICLE I.
DECLARATION OF RIGHTS.
SECTION 1. All men are by nature free and independent, and have certain inalienable
rights, among which are those of enjoying and defending life and liberty; acquiring, possessing,
an<l protecting propero/; and pursuing and obtaining safety and happiness.
Sv.c. 2. All political power is inherent in the people. Government is instituted for the
protection, security, and benefit of the people; and they have the right to alter or reform the
same, whenever the public good JUay require it. ,
Sv.c. 3. The rig1,t of trial by JUry shall be secured to "'11, and remain inviolate forever;
but a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed
by law.
BEe. 4. The free exercise and enjoyment of religious profession and worship, without
discrinunatwn or preference, shall forever be allowed in this State; and no person shall be ren-
dered incompetent to Lc a witness on account of his opinions on matters of religious belief; but
the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentious-
ness, or justify practices inconsistent with the peace or safety ·of this State.
SEc. 5. The privilege of the writ of habeas corpus shall not be suspended, unless when,
in ca,ses of rebellion or invasion, the public safety may require its suspension.
SF.c. 6. Excessive bail shaH not be required, nor excessive fines 1m posed, nor shalt cruel or
unusual punishments be inflicted, nor shall witnesses be unreasonably detained.
S>:c. 7. All persons shall be bailable by sufficient sureties, unless for capital offenses, when
the proof is evident or the pres urn ption great.
SEc. 8. No person shall be held to answer for a capital or otherwise infamous crime (except
in cases of impeachment, and in cases of militia when 111 actual service, and the land and naval
forces in time of war, or which this State may keep with the consent vf Congress in time of
peace, and in cases of petit larceny, under the regulation of the Legislature) unless on present-
ment or indictment of a Grand Jury; and in any trial in any Court whatever, the party accused
shall be allowed to appear and defend in person and with counsel, as in civil actions. No
person shall be subject to be twJCe put" in jeopardy for the same oflense; nor shall he be com-
pelled, in any crimmal case, to be a witness against himself, nor be deprived of life, libertv, or
property, without due process of law; nor shall private property be taken for public use without
just compensation.
SEc. 9. Every citizen may freely speak, write, and publish his sentiments on all subjects,
being responsible for the abuse of that right; and no law shall be passed to restrain or abridge
the liberty of speech or of the press. In all chminal prosecutions on indictments for libels, the
truth may be given in evidence to the jury; and if it shall appear to the jury that the matter
charged as libelous is true, and was published with good motives and for justifbble ends, the
party shall be acquitted; and the jury shall have the right to determine the law and the fact.
SEc. 10. The people shall have the right freely to assemhle together to consult for the
common good, to instruct their representatives, and to petition the Legislature for redress of
grievances.
80
CONSTITUTION
OF THE
STATE OF OALIFORNIA.
ADop'rED IN CONVENTION, AT SACRAMENTO, MARCH THIRD, EIGHTEEN HUN-

DRED AND SEVENTY-NINE; RATIFIED BY A VOTE OF THE PEOPLE ON
WEDNESDAY, MAY SEVENTH, EIGHTEEN HUNDRED AND SEVENTY-NINE.
,
PREAMBLE AND DECLARATION OF RIGHTS.
PREAMBLB.
WE, the People of the State of California, grateful to Almighty God for our freedom, in order
• to secure and perpetuate its blessings, do establish this Constitution.
ARTICLE 1.
DECLARATION OF RIGHTS.
SKCTWlI 1. All men are by nature free and independent, and haNe certain inalienable rights,
among which are those of enjoying and defending life and liberty; acquiring, possessing, and
protecting property; and pursuing and obtaining safety and happiness.
SKC. 2. All political power is inherent in the people. Government is instituted for the pro-
tection, security, and benefit of the people, and they have the right to alter or reform the same
whenever the pubhc good may require it.
SEC. 3. The State of California is au inseparable part of tbe American Union, and the Con-
stitution of the United States is the supreme law of the land. .
SEC. 4. The free exercise and enjoyment of religious profession and worship, without dis-
crimination or preference, shall forever be gnarl1nteed in this State; and no person shall he
rendered incompetent to be a witness or juror on account of his opinions on matters of religiouB
helief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts
of licentiousness, or justify practices inconsistent with the peace or safety of this State.
SEC. 5. 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 its suspension.
SEC. 6. All persons shall be bailable by sufficient sureties, unless for capital offenses when
the proof is evident or the presumption great. Excessive bail shall not be required, nor exces-
sive fines imposed; nor shall cruel or unusual punishments be inflicted. Witnesses shall not
be unreasonahly detained, nor confined in any room where criminals are actually imprisoned.
SEC. 7. The right of trial by jury shall he secured to all, and remain inviolate; l;mt in civil
actions three fourths of the jury may render a verdict. A trial by jury may be waived in all
criminal cases, not amounting to felony, by the consent of both parties, expressed in open
Court, and in civil actions by the consent of the parties, signified in such manner as may be
prescribed by law. In civil actions, ftnd cases of misdemeanor, the jUl'y may consist of twelve,
or of any number less than twelve upon which the parties may agree in open Court.
SEC. 8. Offenses heretofore required to be prosecuted by indICtment shall be prosecuted by
information, after examination ~nd commitment by a Magistrate, OT by indictment, with or
without such examination and commitment, as may be prescribed by law. A grand jury shall
be drawn and summoned at least once a year in each county.
SEC. 9. Every citizen may freely speak, write, and publish his sentiments, on all subjects,
being responsible for the abuse of that right; and no law shall be passed to restrain or abridge
the liberty of speech or of the press. In all criminal prosecutions for libels, the truth may be
given in evidence to the jury; and if it shall appear to the jury that the matter charged as
81
Act for the Admission of California Into the Union
Volume 9
Statutes at Large
Page 452
Whereas, the people of California have presented a constitution and asked admission into the
Union, which constitution was submitted to Congress by the President of the United States, by
message date February thirteenth, eighteen hundred and fifty, and which, on due examination,
is found to be republican in its form of government:
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress Assembled, That the State of California shall be one, and is hereby declared to be
one, of the United States of America, and admitted into the Union on an equal footing with the
original States in all respects whatever.
Sec. 2. And be it further enacted, That until the representatives in Congress shall be
apportioned according to an actual enumeration of the inhabitants of the United States, the
State of California shall be entitled to two representatives in Congress.
Sec. 3. And be it further enacted, That the said State of California is admitted into the Union
upon the express condition that the people of said State, through their legislature or otherwise,
shall never interfere with the primary disposal of the public lands within its limits, and shall
pass no law and do no act whereby the title of the United States to, and right to dispose of, the
same shall be impaired or questioned; and that they shall never lay any tax or assessment of any
description whatsoever upon the public domain of the United States, and in no case shall non-
resident proprietors, who are citizens of the United States, be taxed higher than residents; and
that all the navigable waters within the said State shall be common highways, and forever free,
as well to the inhabitants of said State as to the citizens of the United States, without any tax,
impost, or duty therefor. Provided, That nothing herein contained shall be construed as
recognizing or rejecting the propositions tendered by the people of California as articles of
compact in the ordinance adopted by the convention which formed the constitution of that
State.
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The TRUTH About the 14th AMENDMENT
or
Who Are YOU, REALLY?
This chapter is about the best kept secret in America. The government knows about the
information in this chapter, but they will not admit it.
As we learned in chapter 1, every individual born in one of the 50 sovereign states was born an
individual American sovereign, with inalienable rights. Those inalienable rights included life,
liberty and the pursuit of happiness. The pursuit of happiness included the right to engage in a
common occupation or business without a license, to travel freely from one place to another
without permission from the state (driver's license), the inalienable right to acquire and possess
property without paying property tax, etc.
Before the Declaration of Independence, there were no Americans Citizens, because there was
no America, as a country. The people were subjects of the British Crown. After the
Declaration, each state was its own sovereign state, and the citizens were state Citizens. State
Citizens had inalienable rights secured by each state's constitution. But I have a problem with
the word "citizen". Can you be a citizen and a sovereign at the same time? Is a king a citizen of
his own country? Or is he a sovereign and not a citizen? I believe that a 'citizen' is the same as a
'subject', and a subject always has a superior power over him. So, you are either a sovereign,
OR a citizen/subject. You cannot be both at the same time.
This is confirmed by an early Supreme Court decision.
Chisholm v. Georgia 2 Dall (U.S.) 419, 456-480 (1793) (p.470) All the country now possessed
by the United States was then a part of the dominions appertaining to the crown of Great
Britain. Every acre of land in this country was then held mediately or immediately from that
crown. All the people of this country were then, subjects of the King of Great Britain, and owed
allegiance to him; . . . From the crown of Great Britain, the sovereignty of their country passed
to the people of it; . . . Here we see the people acting as sovereigns of the whole country; . . .
(p.471) At the Revolution, the sovereignty devolved on the people; and they are truly the
sovereigns of the country, but they are sovereigns without subjects and have none to govern but
themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the
sovereignty.
(p.458) But in the case of the King, the sovereignty had a double operation. While it vested him
with jurisdiction over others, it excluded all others from jurisdiction over him. The law, says Sir
William Blackstone, ascribes to the King the attribute of sovereignty: he is sovereign and
independent within his own dominions; and owes no kind of subjection to any other potentate
upon earth. Hence it is, that no suit or action can be brought against the King, even in civil
matters; because no court can have jurisdiction over him: for all jurisdiction implies
superiority of power. The principle is, that all human law must be prescribed by a superior.
(p.455) As the State has claimed precedence of the people; so in the same inverted course of
things, the Government has often claimed precedence of the State; and to this perversion in
the second degree, many of the volumes of confusion concerning sovereignty owe their
existence. By a State I mean, a complete body of free persons united together for their
common benefit, to enjoy peaceably what is their own, and to do justice to others. It is an
artificial person. It has its affairs and its interests: It has its rules: It has its rights: And it has
its obligations. It may acquire property distinct from that of its members: It may incur debts
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to be discharged out of the public stock, not out the private fortunes of individuals.
(p. 456) The only reason, I believe, why a free man is bound by human laws, it that he binds
himself. Upon the same principles, upon which he becomes bound by the laws, he becomes
amenable to the Courts of Justice, which are formed and authorized by those laws. If one free
man, an original sovereign, may do all this, why may not an aggregate of free men, a collection
of original sovereigns, do likewise? . . . In one sense, the term sovereignty has for its
correlative, subject. In this sense, the term can receive no application; for it has no object in
the Constitution of the United States,. Under that Constitution there are citizens, but no
subjects.
"ALL jurisdiction implies superiority of power"! So if you are under the jurisdiction of a
government, they have the superior power! You are bound by the laws only because you
choose to be! When you pledge allegiance to any country, you become a subject of that
country, and you waive your sovereignty. But, if you pledge allegiance only to YOUR creator,
then you are the superior power, and no human government is over you. After the ratification of
the U.S. Constitution, American sovereigns acquired citizenship status, called Citizen of the
united States of America.Also known as American Citizen, with a capital "C".
DeLima v. Bidwell 182 U.S. 179 (1900) The Constitution is not a physical substance. It is in
the nature of a grant or power, or what would be termed in private law a power of attorney. A
real constitution is a grant of rights or powers by a sovereign. The sovereign cannot be
limited, for he is the source of all law. Yick Wo v. Hopkins 118 U.S. 370
In another Supreme Court case they ruled:
Graves v. Schmidlapp 315 U.S. 657-665 (1941) The power to tax is an incident of sovereignty
and is coextensive with that to which it is an incident. All subjects over which the sovereign
power of a state extends are objects of taxation.
Are the American people sovereigns OVER the government? Or are they subjects of the
government, UNDER the government's jurisdiction and power?
Important points. Sovereign Americans are above the governments they delegated
management powers to. Governments are artificial persons, legal fictions. Governments, as
artificial persons, can own property and incur debts on their own, separate from the sovereign
people. The personal fortunes of the sovereign people are not to be used to discharge the
government's debts. Governments have complete power over their OWN property and
subjects. All jurisdiction implies superiority of power. All subjects UNDER the jurisdictional
power of a government, are objects of taxation. As the Supreme Court stated above, a free man
is subject to human laws only because he binds himself. You, as one of the joint owners of this
country, have agreed to abide by certain laws, that you have agreed to. These laws are
designated in the Constitution. Remember these concepts. They are critical to the
understanding of freedom from taxation.
The Supreme Court of Colorado has ruled:
Colorado Anti-Discrimination Commission v. Case 380 P.2d 34 (1962) Natural rights -
inherent rights and liberties are not the creatures of constitutional provisions either at the
national or state level. The inherent human freedoms with which mankind is endowed are
"antecedent to all earthly governments; rights that cannot be repealed or restrained by human
laws; rights derived from the Great Legislator of the Universe."
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You become subject to the human laws because you bind yourself to them as an artificial
person. You waive your sovereign status, to become a subject. How do you do that? By
contracting with the government and accepting benefits. The only way the government will
contract with you, is if you waive your inalienable rights and agree to be UNDER their
jurisdiction.
Before the 14th Amendment was ratified in 1868, Americans were called Citizens (with a
capitlal "C") of the united States of America. (American Citizen, or American, for short) If you
were born in America, you were born a sovereign with inalienable rights. It was a common
understanding among the people. Up until then, slavery was still accepted in America. Slaves
were not Citizens, state or national, but were merely considered the personal 'property' of the
slave holders. The 13th Amendment was ratified in 1865, just 3 years before the 14th. The 13th
amendment abolished slavery. But that created a new problem. The newly freed slaves were not
citizens of any state or country, because they were just property, and property did not have
citizenship. To solve the problem, the 14th amendment was passed. This amendment
created a new class of citizenship. This new class was legally called: 'United States citizen',
(with a small "c"). NOT 'United States of America Citizen', but just 'United States citizen'.
Notice that the U.S. citizen is spelled with a lower case 'c'. This is to show a lower class of
citizenship. This class of citizen (U.S. citizen) is a privilege granted by the federal government,
and not a sovereign inalienable right.
From Black's Law Dictionary 6th Edition:
Fourteenth Amendment. The Fourteenth Amendment of the Constitution of the United States,
ratified in 1868, creates or at least recognizes for the first time a citizenship of the United
States, as distinct from that of the states;
The Civil War was fought from 1861-1865. The significance of this will be seen later.
Let's see just what the 14th Amendment really does say.
Constitution of the United States of America
14th Amendment (1868). Section 1. All persons born or naturalized in the United States and
subject to the jurisdiction thereof, are citizens of the United States and of the State wherein
they reside. No State shall make or enforce any law which shall abridge the privileges and
immunities of citizens of the United States; nor shall any States deprive any person of life,
liberty, or property, without due process of law; nor deny to any person within its jurisdiction
the equal protection of the laws.
Notice the wording of this amendment carefully. If they were talking about Citizens of the 50
states, then it would read "and subject to the jurisdiction(s) thereof". Jurisdictions would be
plural if it applied to more than one entity. But since it applies only to the United States
government, singular, is also shows the jurisdiction to be singular. Jurisdiction, not
jurisdictions.
Several other things to notice here. This section 1 of the amendment has two parts.
The first part has to do with the citizenship of 'persons', subjects.
The second part has to do with the states being required to protect the privileges and
immunities of the United States citizen. We will look at the first part first.
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The first part of this amendment says that 'persons' born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein
they reside. We just learned that jurisdiction implies superiority of power, so is a United States
citizen superior to the government? NO! The roles are reversed. Notice this does not say they
are citizens of the United States 'of America'. Just the 'United States'. Is there a difference? Let's
check it out.
First, what is a 'person'? There are legally two kinds of 'persons'. First there is the 'natural
person' with inalienable rights. This is a flesh and blood human being, the sovereign individual.
Second, there is just the term 'person'. When just the term 'person' is used, and not 'natural
person', it means an artificial person, such as a corporation, trust, government, etc. A human
being can be both a natural person and an artificial person at the same time. How do you tell the
difference? It is as simple as whether you spell your name in all capital letters or not. More on
this in a bit. The important thing to remember at this point is that artificial persons are property.
Property in Latin is res. Property located in a certain territory, would be its place of residence.
So property (res) belonging to and located in the State of Colorado, would be 'resident' of the
state. Are you a resident of a state or of the United States?
Important point. Since a government is an artificial person, according to the Supreme Court,
does an artificial person have jurisdiction over the sovereign that created the artificial person?
No. Does the artificial person (government) have jurisdiction over any new artificial persons, or
property, created by the government? Yes. A government has complete power over its subjects
and its own property. Remember, the Constitution is just a power of attorney from the
sovereign people to the government. That power of attorney extends to anything the
government, as an artificial person, creates or owns.
So a 'resident' would be an artificial 'person' (property) located within the jurisdiction of a
certain government. Almost all state and federal statutes apply to 'persons' who are citizens and
residents, and are subject to the jurisdiction thereof. They rarely apply to 'natural persons'.
Now to the second part of the 14th Amendment. It applies to all persons "born or naturalized
in the United States and subject to the jurisdiction thereof'." This could only mean the
territorial jurisdiction of the federal government. As stated in the Supreme Court case of
Chisholm v. Georgia quoted earlier, all jurisdiction implies superiority of power. So if you are
subject to the jurisdiction of the federal government, that implies their power is superior to your
sovereign power, or the sovereign power of your state. In other words, you are not a sovereign,
but a subject, if you are a U.S. citizen, name spelled in all caps.
A 'U.S. citizen' is a subject of the federal government, subject to its jurisdiction. An 'American
Citizen' is a sovereign individual, and the government is subject to him, and no court has
jurisdiction over him, without his permission. When you present yourself to a court, you give
them temporary jurisdiction for a certain issue to be settled. Once it is settled, then that
jurisdiction ceases. That is why plaintiffs must prove jurisdiction before courts can hear a case.
An important distinction needs to be understood here. The sovereign technically has inalienable
rights, NOT constitutional rights. We all call them constitutional rights, but they are not. They
are inalienable rights SECURED by constitutions, state and federal. The basis of any
inalienable right is established in the Declaration of Independence. This document very clearly
states that "We hold these Truths to be self evident, that all Men are created equal, that they are
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endowed by their Creator with certain unalienable rights." Look for the mention of God, or
inalienable rights, in the Constitution, and you will not find them.
Many patriots are making constitutional arguments, when they should be making inalienable
rights arguments. There is no basis for inalienable rights of property under the constitution, but
there IS under the Declaration of Independence! We are using the wrong document to claim our
rights under!
For example, the way to state a constitutional argument would be to state that you have the
inalienable right to bear arms, stated in the Declaration of Independence, and 'secured' by the
Bill of Rights, in the 2nd Amendment. You have the inalienable right to not be a witness
against yourself, 'secured' by the 5th Amendment. This gives your argument a much stronger
legal basis and is much harder to dismiss, if you ever did go to court. The Bill of Rights, means
the Bill of Inalienable Rights, based on the Declaration of Independence, and secured by the
Constitution!
If you are a citizen of the United States, then JUST WHERE and WHAT IS
THE 'UNITED STATES'?
Is there a territorial difference between the United States of America, (the 50 sovereign states)
and the United States government (10 miles square, plus possessions)?
What is the legal definition of United States?
Black's Law Dictionary 6th Edition.
United States. This term has several meanings. (1) It may be merely the name of a sovereign
occupying the position analogous to that of other sovereigns in the family of nations, (2) it may
designate territory over which sovereignty of the United states extends, (3) or it may be the
collective name of the states which are united by and under the Constitution. from Hooven &
Allison v. Evatt 324 U.S. 652
The first definition (1) only applies to other countries in their relationship to America. It doesn't
apply to us.
The third definition (3) applies only to the 50 states united under the Constitution. That does
apply to us.
The second definition (2) is the one we are primarily concerned about. This definition applies
to the geographical territory over which the sovereignty and jurisdiction of the United States
extends, pertaining to the 14th Amendment jurisdiction over citizens. Again, we must go the
the Constitution to see where that territory is. The United States has exclusive jurisdiction only
over certain areas. Since each of the 50 states were separate sovereign states, the sovereignty of
the United States did not extend to these 50 states, unless they incorporated. What's left? The
Constitution tells us.
U.S. Constitution Article 1 Section 8 Clause 17: To exercise exclusive Legislation in all
Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of
Particular States, and the Acceptance of Congress, become the Seat of Government of the
United States, and to exercise like Authority over all Places purchased by the Consent of the
Legislature of the States in which the same shall be, for the Erection of Forts, Magazines,
Arsenals, dock-Yards and other needful buildings;
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According to the Constitution, the territory of the United States of America includes the 50
sovereign states, each of which have their own constitution and jurisdiction. The geographical
territory of sovereign jurisdictions do not overlap.
The territory of the United States 'of America' is different from the territory of the United States
'government'.
The territorial jurisdiction of the United States government only extends to tens miles square, to
places purchased, and to property owned. This would include territories and possessions,
temporarily acquired through treaties, that are not part of the 50 states. Persons who are under
this exclusive jurisdiction, are citizens of the United States 'government', and of the state where
they reside. This is a little confusing because Washington, D.C. is considered a state, and the
possessions, like Puerto Rico, are considered states. They are political states, but are not part of
the 50 sovereign states.
What does the Internal Revenue Code (IRC) say? IRC 7701 is a section devoted to definitions.
What is their definition of the United States?
IRC 7701(9) United States. The term "United States" when used in a geographical sense
includes only the States and the District of Columbia.
The States? ONLY the States? Does that mean the 50 states, or just U.S.possessions, which are
also called states? The use of the word "only" would indicate that this is a restrictive definition.
Back to the definitions.
IRC 7701(10) State. The term "State" shall be construed to include the District of Columbia,
where such construction is necessary to carry out provisions of this title.
When definition statutes are issued with the word "includes" it means that only the items or
categories listed in the definition are included, everything else is excluded. The District of
Columbia is a political state of the United States. It is property of the federal government, just
like the U.S. possessions like Guam and the Virgin Islands are. Since the 50 states are not
mentioned in the definition of state, they are not included.Why? Because the jurisdiction of the
United States government, for income tax purposes, includes only areas under its jurisdiction,
as stated in the Constitution. The 50 states are separate sovereign states, according to the state
constitutions, and therefore would not come under the geographical jurisdiction of the United
States federal government, a corporation. As you saw above, the 14th amendment created
citizens who WERE under the jurisdiction of the federal government! The IRC defines United
States person for us.
IRC 7701(30) United States person. The term "United States person" means - (A) A citizen or
resident of the United States.
So if you were a U.S. citizen, you would be in that jurisdiction subject to the federal income
tax. And you would be defined as a "Taxpayer".
IRC 7701(14) Taxpayer. The term "taxpayer" means any person subject to any internal
revenue tax.
So if the 50 states were not under the jurisdiction of the United States government, how come
they are NOW subject to all the laws handed down by Congress? We know that states can
voluntarily give up their sovereignty to the federal government, just the same as we can. They
have not done that, have they? Or have they? When the Civil War was fought, all states were
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not admitted back into the union until their constitutions were approved by Congress. Why was
this approval needed? When the southern states seceded from the union, were they then
sovereign states, separate from the United States of America, or U.S. territories? When these
states, and all future states, were admitted to the new union, were they conquered states,
through an act of war? Were they new territory acquired by the federal government, and now
under their jurisdiction? Are the 50 states now just political states of the federal government,
just like D.C.?
What about territory, or states, acquired through conquest (war)? This territory is not
purchased. Is this territory under the exclusive jurisdiction of the United States government?
Yes. Temporarily. Any territory acquired by war, or treaty, is acquired for the sovereign
people, and this territory is held, in trust, for the people until they decide to make the territory
into sovereign states and add them to the Union.
Let's check with the Supreme Court again.
Hooven & Allison Co. v Evatt 324 U.S. 675 (1945) That our dependencies, (possessions)
acquired as the result of our war with Spain, are territories belonging to, but not a part of the
Union of states under the Constitution, was long since established by a series of decisions in
this court . . . This status has ever since been maintained in the practical construction of the
Constitution by all the agencies of our government in dealing with our insular possessions. It is
no longer doubted that the United States may acquire territory by conquest or by treaty, and
may govern it through the exercise of power of Congress conferred by Sec. 3 of Article IV of
the Constitution "to dispose of and make all needful Rules and Regulations respecting the
Territory or other property belonging to the United States." In exercising this power,
Congress is not subject to the same constitutional limitations as when it is legislating for the
United States. (the 50 united States)
When Congress passes laws for the territories of the United States they are not limited by the
Constitution. When they pass laws for the 50 states they must follow the limitations of the
Constitution, because the 50 states only delegated certain powers to Congress. Powers not
delegated were reserved to the states or to the people. (10th Amendment) The 50 states are
superior to the federal government. So how does the federal government get the power to make
laws for the 50 states?
DeLima v. Bidwell 182 U.S. 179 (1900) If the law or treaty making power enacts that the
territory over which the military arm of the government has extended shall come under the
permanent absolute sovereign jurisdiction of the United States, a new and different status
arises. The former sovereign then loses all right of reverter, and the territorial limits of the
United States are in so far enlarged.
Ponder this thought. If the federal government acquired ALL the states, after the Civil War,
through the military arm of the government, OR, even today just through a declared national
emergency by the Commander in Chief, and instituted martial law, would the 50 states lose
their sovereign status and come under the sovereign jurisdiction of the federal government, by
conquest? Yes they would. Then the President, as commander in chief, would rule the country
by presidential order. This is exactly our status today. The government pretends that you still
have inalienable rights secured by the constitutional, because if they let on what the truth was,
there would be a revolution. As we will see in the next chapter, in 1933, the United States
declared a national emergency that is still in force today.
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This doesn't sound like what they taught us in school, does it? Maybe we should check out
another authority. In 1956 -1957, President Eisenhower commissioned a study of this very
issue. There were problems with the jurisdictional status of federal lands located within the 50
states. He wanted to clarify the jurisdictional limits of the federal government.
The study was called:
JURISDICTION OVER FEDERAL AREAS WITHIN THE STATES
It was a 2 part report and I will quote from it below:
Part II
Letter of Acknowledgement. It is my understanding that the report is to be published and
distributed, for the purpose of making available to Federal administrators of real property,
Federal and States legislators, the legal profession, and others, this text of law of legislative
jurisdiction in these areas. The Honorable Herbert Brownwell, Jr. Attorney General,
Washington, D.C.
Letter of Transmittal. Together, the two parts of this Committee's report and the full
implementation of its recommendations will provide a basis for reversing in many areas the
swing of "the pendulum of power * * * from our states to the central government" to which
you referred in your address to the Conference of State Governors on June 25, 1957. Attorney
General.
Pg. 45. Since Congress has the power to create States out of Territories and to prescribe the
boundaries of the new States, the retention of exclusive legislative jurisdiction over a federally
owned area within the States at the time the State is admitted into the Union would not appear
to pose any serious constitutional difficulties.
No Federal legislative jurisdiction without consent, cession, or reservation. -- It scarcely
needs to be said that unless there has been a transfer of jurisdiction (1) pursuant to clause 17
by a Federal acquisition of land with State consent, or (2) by cession from the State to the
Federal government, or unless the Federal Government has reserved jurisdiction upon the
admission of the State, the Federal Government possess no legislative jurisdiction over any
area within a State, such jurisdiction being for exercise entirely by the States, subject to non-
interference by the State with Federal functions, and subject to the free exercise by the
Federal Government of rights with respect to the use, protection, and disposition of its
property.
Necessity of State Assent to Transfer of Jurisdiction to Federal Government:
Constitutional consent. -- The Federal Government cannot, by unilateral action on its part,
acquire legislative jurisdiction over any area within the exterior boundaries of a State.
Pg. 66 LIMITATIONS ON AREAS OVER WHICH JURISDICTION MAY BE
ACQUIRED BY CONSENT OF STATE UNDER CLAUSE 17: In general.-- Article I,
section 8, clause 17, of the Constitution, provides that Congress shall have the power to
exercise exclusive legislation over "Places" which have been "purchased" by the Federal
Government, with the consent of the legislature of the States, "for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful Buildings." The quoted words serve to
limit the scope of clause 17. They exclude from its purview places which were not
"purchased" by the Federal Government, . . .
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Chapter VII (pg 169) Relation of States to Federal Enclaves. Exclusive Federal Jurisdiction:
States basically without authority. --When the Federal Government has acquired exclusive
legislative jurisdiction over an area, by any of the three methods of acquiring such jurisdiction,
it is clear that the State in which the area is located is without authority to legislate for the area
or enforce any of its laws within the area. All the powers of government with respect to the
area are vested in the United States.
That is just a small sampling, but as you can see, the exclusive jurisdiction of the Federal
government does NOT extend to the geographical territory of the 50 states, except with their
consent, or by conquest (like declaring a national emergency). This was a government report
done by the Attorney General for the President. But, hey, what does he know? So, for the
federal government to have jurisdiction over you, in one of the 50 states, it must own you as
property. That property, or artificial person, is called 'U.S. citizen'.
The distinction that I make here, is, either you are a Citizen of the United States of America
(American Citizen), or a United States citizen (federal citizen).
An American citizen lives in one of the 50 states and has inalienable rights secured by the state
and national constitutions. He spells his name in upper and lower case letters.
A United States citizen may also live in one of the 50 states, as a resident, but has only
privileges and immunities, with no constitutional protections. He spells his name with all
capital letters.
Check all your licenses, bills, mortgages, deeds, credit cards, etc and see which one you are
claiming to be!
You will notice that the 14th Amendment says that the States shall uphold the 'privileges and
immunities' of United States citizens. What about their 'rights'? United States citizens, subject
to the government, do not have a constitution, or inalienable rights. You cannot get that FROM
a government. Property (artificial persons) can only have civil rights, privileges and immunities
granted by the government. They are people that have been slightly upgraded from property
(slaves) to having the privilege of being a citizen/subject of the United States government. It
sounds much nicer! Remember that the amendment says U.S. citizens are subject to the
exclusive jurisdiction of the government. And you just read how far that exclusive jurisdiction
extends.
But don't rely on this Attorney General's report, or the Supreme Court decisions in court. The
IRS and the courts consider it a frivolous argument!
The 14th Amendment says "and subject to the jurisdiction thereof".
What does "subject to" mean?
Black's Law Dictionary 6th Edition says;
Subject to. Liable, subordinate, subservient, inferior, obedient to; governed or affected by;
provided that; provided; answerable for."
Part 2 of the 14th amendment also says that the states: shall not make or enforce any law which
shall abridge the privileges and immunities of citizens of the United States; . Why does it make
that statement? Didn't the first ten amendments to the Constitution (the Bill of Rights) already
secure the inalienable rights of the American people? They sure did. Then why a second
prohibition?
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Legal scholars have argued that the Constitution only limited the powers of the federal
government, not the state governments, so this was added in the 14th amendment to restrict the
power of the states. Sounds good, doesn't it? But don't the constitutions of the 50 states already
protect the inalienable rights of the state Citizens? They sure do! Do they need a national
constitutional amendment to make them uphold their own state constitutions? Only if the state
constitutions were no longer valid. Is your state constitution still valid? Yes. But, the truth is,
state constitutions do NOT apply to federal 'property' (U.S. citizens).
The governments, state and federal, are not OVER the sovereign people and their sovereign
territory. Both governments have been delegated powers to secure the rights of the people, and
their jurisdiction in exercising that power, is limited to the property they actually own or
control. This property is known as 'persons' or 'residents'.
The United States 'government' has jurisdiction only over areas delegated to it by the states and
over property acquired by conquest. The state governments also, only have jurisdiction over the
areas delegated to them by the state Citizens. Do the people control the government or does the
government control the people? Can the government exercise powers not delegated to them?
No. The problem is that you DID give them the power, when you waived your inalienable
rights and claimed to be a U.S. citizen, subject to their jurisdiction. They just dangled a few
carrots (federal benefits, ie: Social Security) over your nose and you grabbed them and asked to
be a subject, so you could get MORE benefits. The states did the same thing, so they could get
subsidies also.
There is an old saying: "If you give the average person a choice between freedom and a
free lunch, he will choose the free lunch". Which did you choose?
So the only logical conclusion is, that the newly created "United States citizens" (former slaves)
were no longer the property of individuals, and they were not American Citizens. And they still
didn't have a constitution to protect them since the Constitution 'of the United States of
America' did not apply to the federal possessions (property) and territories. The U.S.
Constitution only applied to the federal government, and delegated and limited its powers. The
federal government was created BY the states. And since U.S. citizens were subject to the
jurisdiction of the United States, the state constitutions did not cover them. U.S. citizens are
just federal property, artificial 'persons' or 'residents', in one of the 50 states. And this also
placed them squarely within the legal definition of U.S. jurisdiction.
The states each had their own constitutions. But the jurisdictional powers delegated in these
state constitutions also only applied to 'government' property in the states, not to the sovereign
'territory' of the states. So the 'United States citizens' were also citizens of the corporate state
governments, (not of the sovereign states themselves) and were not protected by the state
constitutions. They technically became dual 'property'. They were property (persons - residents)
of the state government and of the federal government. Today, all state governments are
corporations, not sovereign states. They are just sub-corporations of the federal government,
and therefore are under the jurisdiction of the federal government. They have traded their
sovereignty for federal subsidies, just like you have traded your sovereignty for the privileges
and immunities of U.S. citizenship under the 14th Amendment!
For proof: If you claim constitutional rights in court, the judge will tell you that if you mention
constitutional rights again, he will find you in contempt of court, and throw you in jail. He
could do that ONLY if you were resident (property) of the state. Because then you would not
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have inalienable rights, secured by the state constitution. To find out if you have rights, look at
how your name is spelled in the heading of the court case. By the way, this principle also
applies to local property tax and driver's license and registration, but that is 2 other books.
Inalienable rights are flagrantly violated on a daily basis by all levels of government, because
most people have waived these rights and traded them for privileges. The problem is that so
few people claim their inalienable rights anymore that they are no longer recognized by the
government. The people would rather have privileges from the government. You can't claim to
be a sovereign over the government, and at the same time claim benefits handed out by the
government for their subjects. Does the King or Queen (you) apply for their own government's
benefits, thereby becoming subjects of their own government?
Since both the state and federal governments are now just corporations, can you be the citizen
of a corporation? Yes. The corporation is an artificial 'person'. But, artificial persons can ONLY
create new artificial persons (property) that they control. Remember, the United States federal
government is just a corporation! So if you are a U.S. citizen, you are a corporate citizen.
These new United States citizens, created by the 14th Amendment, had no one to protect their
new status and rights. Worse yet, they had no rights to protect, just privileges and immunities
(civil rights) granted by the federal government. The privilege was, being 'subject' to the federal
government, instead of to a foreign nation, and the immunities were to be added later. And they
were.
One by one, the courts gradually added, to U.S. citizens, each of the rights that American
citizens had under the first 10 amendments. But they were not inalienable rights, they were
only civil rights. Civil rights are rights given to you by the government. Governments cannot
give you inalienable rights. You already have those. But civil rights can also be taken away by
the government. Since the federal possessions and territories (federal states) had their own
governments, just like the 50 states, this amendment prevented both the 50 state governments,
and the federal states, from making laws that violated the civil rights of these United States
citizen subjects.
And this is where the controversy comes in. The government wants you to believe that a
citizen of the United States, is the same as a Citizen of the United States of America. In a court
case, if you make this argument, that you are not a resident of the United States, and therefore
not a U.S. citizen, because you live in Colorado, the courts will call this a frivolous argument
and fine you. And they are right, if you look at how your name is spelled in the heading of that
case.
But think about this. If United States citizens are not protected by the U.S. Constitution, then
they also lose the Constitutional limitation that all direct taxes be apportioned. That means that
they COULD be taxed on their incomes, from whatever source, directly, without
apportionment. United States citizens are not protected by the Constitution. Scary, isn't it?
American Sovereign or United States citizen? Which are YOU?
You have the right to choose your status as a sovereign in America. But, not as a citizen in the
United States. The 50 united States of America are republics, guaranteed a republican form of
government. The United States government is a democracy. You must learn the difference! If
you choose to be an American Citizen with inalienable rights secured by the constitution, then
the constitution says that direct taxes must be apportioned among the states.
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On the other hand, if you are a United States citizen, then you have no constitution to protect
you, only your civil rights. And those civil rights do not prevent the federal government from
taxing your income directly, without apportionment. This is possible because states CAN
directly tax their citizens property. So if you are a U.S. citizen, you are in effect the citizen of
the state of Washington D.C. And that state can tax its citizen's property directly. Remember
the definition of "State" above, from the Internal Revenue Code? A state is the District of
Columbia. The IRC applies to this state and not to the 50 states.
If you live in one of the 50 sovereign states, then you cannot also live in one of the federal
states. Their jurisdictions do not overlap. But, can you create an artificial entity, (like a
corporation or trust is an artificial entity) and call yourself a United States citizen? Yes you can.
How? You may not be aware of it, but it has already been done for you. The way to tell is to
look at your name. When an artificial person is named (such as a corporation), proper English
grammar says that the name will be spelled in all capital letters. So if your name is Joseph John
Smith, the spelling indicates that you are a real live flesh and blood natural human (natural
person). But if you spell your name in all capitals, JOSEPH JOHN SMITH, then that indicates
that you are an artificial entity (person). There are really two entities with your name! The real
person (you) and the fictional corporate U.S. citizen. The problem arises when the natural
person contracts to be an artificial person. Which one are you claiming to be?
The 14th Amendment essentially opened the door to classify everyone as a corporate
citizen/employee. Let me ask you this. Since the United States is a corporation, how many
employees can there be in a corporation? Would it be possible for every U.S. citizen to be
unofficially classified as an employee of this corporation United States, as one of the privileges
of U.S. citizenship? And as an employee of the federal government, you would be liable for
federal income tax. That is why their name is "Internal" Revenue. It is only collected internally,
from its own employees, who are exercising a taxable privilege, government employment! And
as a corporate employee, you would be "presumed" to have corporate income!
Since all United States citizens are creations and subjects of the federal government (a public
corporation), they are still property. For property (ie: corporations) to have legal existence, with
civil rights, it must be done as an artificial entity, just like a corporation is legally considered a
person with civil rights, but not inalienable rights. Since the federal government is also an
artificial person (a corporation), it can only have jurisdiction over other artificial persons it has
created. It has created the artificial person "U.S. citizen", subject to its jurisdiction. You can
contract for this corporate privilege and be protected by their corporate laws as one of your
privileges as an employee of the corporation United States. And you will probably get lots of
other free lunches (benefits) to boot!
Property cannot have inalienable rights. So all United States citizens are property (artificial
'persons'), with their names spelled in all capital letters. These artificial entities are subject to
different laws than you, their sovereign representative, and if they mess up, you do the time, or
pay the fine, for them! Just like you can't put a corporation in jail, but you can put their
representatives, the corporate officers, in jail in their place.
Can you claim that you are NOT a sovereign American, so that you can collect some of the
benefits of the subjects of the federal government's U.S. citizens? Yes you can. And you
already have.
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Now let's see which status you claim. First look at the spelling of your name on your driver's
license. Is it spelled in all caps, indicating an artificial corporate person? Then look at your
social security card. Then look at your check book. Then look at your credit cards. Then look at
the deed to your real estate if you own some. Then look at the title to your vehicle. Then look at
your name in the heading of any court case you may have been in. Check the sworn statement
you signed with your voter registration, or your gun registration. Look at ANY correspondence
from the government. Look at your bills. These documents will tell you for sure who you really
are. When you applied for Social Security, this artificial person U.S. citizen was created.
Unknowingly, you contracted to be an artificial corporate person, not realizing that you created
a new government employee. This is known as voluntary slavery. Involuntary slavery was
forbidden by the 13th Amendment, but you agreed, by contract, to give up American
Citizenship and inalienable rights, for U.S. citizenship with civil rights. Remember, the income
tax is a corporate tax, so if you are a U.S. corporate citizen, then you are subject to a corporate
excise tax on your income.
Do you get my point?
Now look at the mailing label for your tax return. Are you the artificial entity, United States
citizen? If not, prove it. Make believe you are in court. Where is your identification that you are
a sovereign American with inalienable rights? Can you show that you are an American, and not
a U.S. citizen? What documents would you use? The only possible one is your birth certificate,
and you used that to show that you are the representative/agent of the person on the SS card.
But even those are now issued with the name spelled in all caps, indicating an artificial person.
In that case, who are you?
Pretty scary, huh?
When you are in court, would any judge tell you you that you that you are NOT an 'American'
Citizen and that the Constitution is not valid for you? No, they cannot let the truth out. But then
they don't have to because you are claiming to be a U.S. citizen. Because the TRUTH is: As a
sovereign, you have no legal standing in the corporate courts of this country, so you would not
be in court in the first place! Why is that? Because you, as a sovereign, are above the laws
issued by the corporate federal government to regulate its own property. ALL courts in this
country are statutory non-constitutonal courts. ONLY the corporate employee can claim any
corporate privileges in these courts. More on this in the "court" chapter.
So now go back to the last chapter and look again at the 16th Amendment. Did they really need
to pass a whole amendment, just to clarify the existing Constitution? Or was it really passed to
apply to these new United States citizens? Let's let the Treasury regulations tell us.
26 CFR (Code of Federal Regulations) 1.1-1 "Income tax on individuals. (a) General rule.
(1) Section 1 of the Code imposes an income tax on the income of every individual who is a
citizen or resident of the United States . . . The tax imposed is upon taxable income . . ."
This Treasury Regulation explains who the income tax applies to. Does it apply to Citizens of
the United States of America? No. Just to U.S. citizens, who are corporate employees, and their
property.
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ARE YOU BORN AN AMERICAN, OR A UNITED STATES CITIZEN?
I believe that when you are born, you are born a sovereign American with inalienable rights. A
lot of birth certificates have the spelling of your name correct, in upper and lower case, so the
birth certificate is NOT the document that creates the U.S. citizen. All the birth certificate does,
is provide proof that a real live sovereign was born. A corporation cannot have a live birth.
Only a real sovereign can be born live.
So then what does create the U.S. citizen, if it is not the birth certificate? I believe the U.S.
citizen is born by commercial contract. And that contract is your Social Security application,
among others. You cannot get a social security number without the birth certificate of someone
who is contracting, to be this new entity U.S. citizen. The U.S. citizen status is created along
with your social security number, and it is this number that identifies the corporate government
employee. If the government is the beast that enslaves you, then this truly would be the mark of
the beast. You waive your inalienable rights when you contract to have a social security
number. When someone asks you for a Social Security number, then are just ,making sure that
they are dealing with the U.S. citizen.
The entity you are applying to, for this number, is an artificial person, a government
corporation, a fiction. Can a fiction create a real person? No. A fiction can only create another
fiction. So when you get your social security number, it is the number of a brand new person, a
corporate U.S. citizen. Since a corporation created the number, they can only apply that number
to their property. Which they did.
Many birth certificates today have your name in all caps. I believe this is just the government's
attempt to usurp your sovereign status, long before you apply for a social security card. Maybe
that is why the IRS wants every newborn to be assigned a SS# at birth. So they can attempt to
eliminate your presumption of sovereignty right from your birth and start right out as a U.S.
citizen.
I have run into attorneys and government officials that say, "It doesn't make any difference if
you spell your name in all caps or not. You are not a corporate citizen." Is this true? Is there a
difference between an artificial person and a natural person? How can you prove it? For those
who need proof, I have compiled some facts that you can use to show the difference. Check it
out! American Citizen , or U.S. citizen?
Another interesting observation is that the 14th Amendment was certified on July 28, 1868. The
day BEFORE, on July 27, Congress passed an Act called the Right of Expatriation. If Congress
was going to create a new corporate citizen, then they also had to create a remedy to get out of
it if you didn't want to be a U.S. citizen. This was the way!
SUMMARY
The 14th Amendment created a new class of citizenship, the United States citizen. This
citizenship applies only to 'persons subject to the jurisdiction' of the federal government. All
jurisdiction implies superiority of power. A 'person' is always an artificial corporate entity with
it's name spelled in all caps.
YOU are "presumed" to be a U.S. citizen, unless and until you can prove otherwise.
A Sovereign/Citizen of the United States of America (American Citizen), lives in one of the 50
sovereign states, and has inalienable rights secured by state and national constitutions.
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The artificial person, U.S. citizen, is a legal fiction that has been created by the federal
government, via the social security application, and is a corporate employee of the United
States by virtue of being a U.S. citizen. He is subject to the jurisdiction of the federal
government and of the state government and subject to the corporate income tax.
The U.S. citizen is created property, created to raise revenue for the government, your
employer. You have essentially contracted to be liable for the debts of your master, the federal
government.
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cut line
Premise:
Did you know that
there are two kinds
of citizens in America?
So said the Supreme Court
in 1873 Slaughter-House Cases, 83 U.S. 36 (1873)
and again in 1875, 1879, 1879, 1883,
1892, 1908, 1910, 1912, 1917, 1918, 1919, 1922, 1928,
1934, 1940, 1941, 1944, 1947, 1961, 1969, 1970, 1978,
a total of 24 times!
1982, and 1984,
But, who knows it?

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98
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99
cut line
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100
Law book that shows
cases that reference
other cases
153 other cases

that reference
Slaughter- the Slaughter-
House House Cases
Cases
cases that
24 cases
reference the that
citizenship
confirm two kinds of
issue
citizenship
Page 4 of 122
101
Who do you think you are?
Or, Who do you believe you are?

Or, who have you been lead to believe you are ?
Subtitle:
What is
a U.S. citizen ?
Are you a U.S. citizen ?

Disclaimer: Nothing in this white paper is to be construed as legal advice. The reader should go to a law library and check every fact and
citation for themselves, and form your own conclusions. The reader should get assistance of counsel, if you think you need it.
Page 5 of 122
102
In today’s society,
you are frequently asked
Are you a U.S. citizen?
(see the following)
- To vote in elections
- To get a job
- To open a bank account
- On a Social Security Application
- To buy insurance
- To enroll in college
etc., etc., etc.

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103
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105
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Part 1
Summary
• What is the U.S.

• 2 kinds of citizens in America
• 3 definitions of “United States”
• territories (like Puerto Rico, Guam, etc.)
• territories are not states
• Constitution has no application in
the territories
• citizens of the territories are U.S. citizens
Page 15 of 122 112

So, what is a U.S. Citizen ?
Well, first, and this is
important, you must know,
What is the U.S. ?
Most people do not know,
they just presume
that they know . . .
in 1875,
the Supreme Court said . . .
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114
Page 17 of 122
115
Page 18 of 122
So, there are
2 kinds of citizens
1) citizens of the United

States government
and
2) citizens of each of the
several States.
(i.e. each of the individual states, e.g. Texas, Nevada; 50 states in all)
These citizenships are

distinct from one another
Page 19 of 122 116
And, in 1945
the Supreme Court
gave three definitions
of “United States”
Page 20 of 122 117

118
Page 21 of 122
119
Page 22 of 122
st
Don’t worry about the 1 .
nd
The 2 is obviously
rd
different from the 3 .
2) is “territory over which
the sovereignty of the
United States extends” (this
“territory” includes, among other places, Guam, Puerto
Rico, etc. (commonly called “insular possessions”),
plus over 11,000 separate properties within the several
States (see Congressional Report “Jurisdiction over
Federal Areas within the States”, June 1957 (you can
Google this)), plus places such as Guantanamo Bay ),

known as U.S.
Page 23 of 122 120
3) is the States united
by and under a Constitution,
known as U.S.A.
So here is THE KEY

to our question,
What is a U.S. citizen?
Let’s match up these two

Supreme Court cases.
Page 24 of 122 121

definition 3) from 1945,
“the states . . . united”
is “the several States”
described in 1875, i.e. the
United States of America
definition 2) from 1945,

the territory over which
sovereignty extends,
is the “United States”
described in 1875
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Why is this important?
Because these “several

States” are “united by and
under the Constitution”
This other territory is

NOT
under the Constitution.
These places are not States!

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Page 27 of 122 124
Page 28 of 122 125
In 1901,
the Supreme Court
made it clear that
“the Constitution has no

application . . . in the
territories . . . Congress has
a power wholly unrestricted
by it.”
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127
Page 31 of 122
128
Page 32 of 122
In 1994,
in a United Nations
Covenant, the United States
said about the territories,
called “insular areas”
“persons born in these areas

are U.S. citizens”
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Page 35 of 122 130
Page 36 of 122 131
The 1898 treaty, taking
Puerto Rico, says:
“The civil rights and

political status [i.e. citizen-
ship] of the native
inhabitants . . . shall be
determined by the
Congress.”
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Page 39 of 122 133
Page 40 of 122 134
So, when you are asked
“Are you a U.S. citizen?”
- you are NOT being asked,

“Are you a Citizen of an
American State?”
- you are NOT being asked,

“Are you a Citizen of the
United States of America?”
(where the Constitution
applies)
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You are being asked,
- “Are you a citizen of a
territory where Congress has
power wholly unrestricted
by the Constitution?”
- “Are you a citizen where
your ‘civil rights and
political status [your
citizenship]. . . shall be
determined by the
Congress.’?”
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Want more?
Let’s look in a dictionary
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current law dictionary; Black’s Eighth Edition, 2004
A little hard
to carry
around
Page 44 of 122 138

Page 45 of 122 139
Page 46 of 122 140
since there are two
definitions, we know
the U.S. is different from
U.S.A.
but these definitions

don’t tell us what
these phrases mean
Let’s look further . . .
Page 47 of 122 141

Page 49 of 122 142
(notice that the
“United States of America”
is a “republic”,
NOT a democracy)

is defined as
“made up of . . . states”
This is definition #3
given by the Supreme Court
in 1945
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BUT “United States”
is NOT DEFINED in the
th
8 Edition law dictionary !
however,
it IS defined
th
in the 4 Edition
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Page 53 of 122 145
Page 54 of 122 146
this is exactly the
definition given in 1945
by the Supreme Court
So, we’ve looked up

“United States” twice,
once in Supreme Court
cases, and again in
law dictionaries.
By definition, we have . . .
Page 55 of 122 147
The term “United States”
means:
2) territory over which the
United States is sovereign
(circular definition, at best)
and
3) states...united...under
the Constitution
(i.e, the
United States of America)
So, when someone uses the term “United States”, how do you know which meaning above? Well,
unfortunately, you don’t, unless 1) you have the knowledge, and 2) you demand an answer from the speaker.
Page 56 of 122 148

Part 2
Summary
• federal citizen
• citizen of the United States in the
Fourteenth Amendment
• subject to the jurisdiction of Congress
• lots of ways to become a U.S. citizen
Page 57 of 122 149

so, let’s go back
to the question
What is a U.S. citizen?
a citizen of the U.S.A.

would be a citizen of
one of the states united.
a U.S. citizen,
th
in Black’s 8 Edition is:
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BUT
“citizen of the
United States”
is NOT in the dictionary !
however,
“federal citizen” is
Page 63 of 122 155

Page 65 of 122 156
so, are you
a federal citizen ?
This makes sense.

A federal citizen would
be a citizen of the U.S.
government (see 1875)
or a citizen of an insular
area, a territory
(see U.N. Covenant)
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the only definition of
“citizen of the United
States”
that exists for
the United States
th
is in the 14 Amendment
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Page 69 of 122 159
Page 70 of 122 160
but this preserves
the distinction
between national and state
citizenship
Page 71 of 122 161

Page 73 of 122 162
And,
what does it mean,
“and subject to the

jurisdiction thereof”
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164
Page 77 of 122
165
Page 78 of 122
So, does
- federal citizenship, or
- Title 8 on Aliens, or
th
- the 14 Amendment
have anything to do
with YOU ?
Page 79 of 122 166

167
Page 81 of 122
168
Page 82 of 122
SO . . .
How do you get

to be
a U.S. citizen ?
Well, you could be born

“subject to the jurisdiction”
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Page 85 of 122 170
Page 86 of 122 171
You could be
in the class of
“Federal personnel”
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Page 89 of 122 173
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- OR -
Page 91 of 122 175

176
Page 93 of 122
you could be
“made a citizen of the
United States”
(these would be people

who did not otherwise
have citizenship)
Page 95 of 122 177

178
Page 97 of 122
179
Page 98 of 122
or, you could
MAKE AN ELECTION
(i.e., you could volunteer)
to be TREATED
as a U.S. citizen
You could declare & sign

under penalty of perjury
that you are a U.S. citizen
Page 99 of 122 180

Page 101 of 122 181
Page 102 of 122 182
or, your parents
could sign you up
before you even

leave the hospital
at birth !
Page 103 of 122 183

Page 105 of 122 184
Page 107 of 122 185
Page 108 of 122 186
Page 109 of 122 187
Page 110 of 122 188
Part 3
Conclusion
Page 111 of 122 189

A Citizen of a State of the
Union, IS a Citizen of “the
United States of America”,
where “the Constitution of

the United States of
America” applies.
Page 112 of 122 190

A person born in an insular
area, a territory, is a U.S.
citizen.
(U.N. Covenant, 1994)
A U.S. citizen is NOT a
Citizen of a State, (Downes v. Bidwell,
1901) but is a citizen of the
United States government.

(U.S. v. Cruikshank, 1875)
The Constitution applies
only in a State.(Downes v. Bidwell, 1901)
Page 113 of 122 191
If you are a U.S. citizen:
• you are NOT a member of
the People of a State
• you are NOT a member of
“We the People” that
created the Constitution
• the Constitution of the
does not apply to you
Page 114 of 122 192

• the Bill of Rights does not
apply to you
• the Constitution of the
State where you merely
“reside” does not apply to
you, except as granted.
• Congress shall determine
your civil rights and your
political status [your
citizenship](Treaty of Peace, 1898)
Page 115 of 122 193

If you are a U.S. citizen
you have no rights

but what Congress
grants you.
(see the very limited

bundle of rights
that follows)
Page 116 of 122 194

195
Page 117 of 122
196
Page 118 of 122
197
Page 119 of 122
198
Page 120 of 122
And so, if you were asked,
“Are you a U.S. citizen?”,
what might you say?
You might say, “My
nationality and political
status was determined by
my birth. I was born in one
of the several States. My
nationality is shown by the
U.S. government on the
next page, section 5.23:”
Page 121 of 122 199
200
Page 122 of 122

Does The Authority of Law Derive From The People

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Does the Authority of Law Derive from the People?

"If a nation expects to be ignorant and free, in a state of civilization,

PERMANENT GOVERNMENT FOR DISTRICT OF COLUMBIA—187811

Comments on the above excerpt:

Lisa Jan Precious

Stephen Mitchell, Lisa Jan Precious, Kathleen Carey

In the superior court[1] for Los Angeles county, California

Stephen Mitchell; Lisa Jan Precious; Kathleen Carey

DAVID MISCAVIGE, a person, in the capacity as Chairman of the Board of the

Case No. BC175367

3. This revision hereinabove shown where "citizen of California" was removed, is

7. There is a fundamental, indisputable difference between the act of "amending" and

10. Based on the foregoing, the Plaintiff demands and requires:

[L.S.] (SIGNATURE: LISA PRECIOUS) seal

[L.S.] (SIGNATURE: KATHLEEN CAREY) seal

[Home] . . [Documents] . . [$190,000,000 Libel Suit]

California State Archives

Processed by: Inventory prepared by: Date completed:

Historical Context and Background 3-19

Series Descriptions of Working Papers 20-49

Appendix A: Lists of Delegates 50-56

Appendix B: Committee Membership 57-61

Appendix C: List of Articles 62-63

Appendix D: References Cited 64-65

Any proposal to revise or change the entire constitution had to be approved by

In 1857, California voters ratified an amendment that added four sentences to

It is important to note that at each election in the amendment or revision process,

On April 3, 1876, the California legislature passed An Act recommending to the

Although the question of the necessity and compensation of a phonographic

State, California Constitution, 1879, Working Papers of the

In mid-November James M. Strong died. By late November Bernard F. Kenny,

On October 21, delegate William W. Moreland, Non-Partisan from Sonoma

Stockton, Debates and Proceedings 3 vols.

The rules committee had established thirty separate standing committees.

President Hoge occasionally appointed members to special committees created

The seventy-three-item "Standing Rules and Orders" adopted by the delegation

1879, box 15-22; Willis and Stockton, Debates and Proceedings,

Revising the Constitution

Delegates submitted proposed amendments on almost a daily basis until

On Friday the committee on Revision and Adjustment reported on the Preamble,

Adopting the Constitution

Mr Secretary: The Constitutional Convention, convened here by authority of law

RATIFYING THE CONSTITUTION

Complicated constitutional articles, such as the article on revenue and taxation,

1. Administrative Records. 3 file folders. F3956:1-3

2. Committee Papers. 4 file folders. F3956:4-7

Files contain papers of two committees:

Committee on Rules and Order of Business--"Standing Rules and Orders" of the

Committee on Revenue and Taxation--Minutes (October 16-18, 21-23, 29, 1878),

3. Special Committee Reports. 8 file folders. F3956:8-15

Reports of special committees and standing committees addressing specific

Files contain reports from:

The Committee on Additional [Convention] Employees.

4. Memorials Drafted by the Convention. 5 file folders. F3956:16-20

Communications, adopted by a majority of the delegation, from the convention to

Files contain memorials to:

5. Reports from State and Municipal Agencies. 12 file folders. F3956:21-32

Six files contain oversize documents.

Reports of agency officers responding to requests from the convention, by formal