THE CALIFORNIA CONVENTION.

New Zealander, Volume 5, Issue 392, 16 January 1850, Page 3

THE CALIFORNIA CONVENTION.

The Convention, which has been in session for some weeks in Monterey, adjourned, sine die, on the 13th October. Much important business was transacted during the sessions of the Convention, but pre-eminent was the adoption of the State Constitution, (which we hope to see, as finally adopted, in due time,) ORDINANCE. j Be it ordained by the Convention assembled to form a Constitution for the State of California, on beha]f and by authority of the people of said state, that the following propositions be submitted to the Congress of the United States, which, if assented to by that body, shall be obligatory upon this state. Ist. One section of land for every quarter townshi^ of the public lands, and when su cb section has bee" sold or otherwise disposed of other lands equivalent thereto, and as contiguous as may be, bIiuII be granted to the state for the use of schools. 2. Seventy-two sections ot the unappropriated land 8 within this state, shall be set apart and reserved for the use and support of a University, which together with such further quantities as may be agreed upon by congress, shall be conveyed to the state and appropriated solely to the use and support of such university in such manner as the legislature may prescribe. 3. Four sections of land, to be selected under the direction of the legislature, from any of the unappropriated public lands belonging to the United States, within this st.te, shall be granted to the stale for its use in establishing a seat of government, or to defray the expenses of public buildings at the 6arae. 4. Five hundred thousand acres of the unappropriated public lands in this state, belonging to the United Sutes, in addition to the 500,000 acres granted to the new state* under an act of congress distributing the proceeds of the public lands among the several states of the uuion, approved A.D., 1811, shall be designated, under the direction of the legislature, and granted to the state for the purpose of defraying the expenses of I the state government, and for other state purposes. And five per cent, of the net proceeds of the sale of all lands lying within the state which shall be sold under the authority of the United States, after deducting all expenses incident to the same, shall also be appropriated for the encouragement of learning. 5. AH salt springs within this state, and the lands reserved fur the use of the same, at least one lection

including each spring, shall be gianted (o the state, to Defused or disposed of as the legislature may direct. 6. The first senators and representatives elected to congress from this statu are hereby authorized and empowered to make or assent to such vnnalions of the proportion herein made, as the interests of the state may require ; and any such changes when approved by the legislature shall be as obligatory as if the assent of this convontion were given thereto, and all stipulations entered into by the legislature in pursuance of the authority herein conferred, shall be considered articles of compact between the United States and this state ; and the legislature is hereby further au'hor-iz-d to declare in behalf of the people of California, if such declaration be proposed by Congress, that they will not interfere with the primary disposal under the authority of the United States, of the va«« cant landi within the limits of this state. The Convention finally closed their labors by the adoption of the following address,

TO THE PEOPLE OF CALIFORNIA. The undersigned, Delegates to a Convention author" ised to form a Constitution for the Slate of California, having to the best of their ability discharged the high, trust committed to them, respectfully submit the ao companying plan of government for your approval. Acknowledging the great fundamental principle, that all political power is inherent in the people, and that government is instituted for the protection, security, and benefit of the people, the Constitution presented for your consideration is intended only to give suclx organic powers to the several departments of the proposed government as shall bo necessary foi its efficient administration ; and while it is believed no power has been given which ia not thus essentially necessary, the Convention deem individual rights as well as pubjic liberty arc amply secured by the people Btitl retaining not only the great conservative power of free choice and election of all officers, agents, representatives, but the inalienable right to alter or reform their government, whenever the public good may require. * Although born in different climes, coining fiom different states imbued with local feelings, and educated pcihaps with predilections for peculiar iustitutons, laws and customs, the delegates assemble 1 ia Convention, as Californians, and carried on their deliberations in tt spirit of amity, coaiproraise and mutual concession for the public weal. It cannot be denied that a difference of opinion wai entertained in the Convention, as to the policy and expediency of several measures embodied in the Constitution ; but looking to great interest* of the St'ita of California, the peace, happiness, and prospei ity of the whole people, — individual opinions were freely surrendered to the will of the majority, and with one voice we reipectfully but earnestly recommended to our Follow Citizens, the adoption of the Constitution which we have the honour to submit, In establishing a boundary for the Slate, the Convention conformed as near as was deemed practicable and expedient, to great natural land marks, so as to bring into a union, all thoie, who should be included by mutual interest, mutual wants, and mutual dependance. No portion of territory is included, the inhabit' ants of which, were not or might not have been legitimately i 1i 1 represented in the convention, under the authority by which it was convened ; aud in unanimously resolving to exclude Slavery fiom the State of California, the great principle has been maintained that to the people of each State and Territory, alone, belongs the right to establish such municipal regulations, and to decide such questions as affect their own peace, prosperity and happiness. A free people, in the enjoyment of an elective government, capable of securing their civil, religious, and political rights, may rest assured these inestimable privileges can ne/er be wrested from them, so long as they keep a watchful eye on the operations of their government, and hold to strict accountability, thoie to whom power is delegated. No people were ever yet enslaved, who knew and dared maintain the co-i dative rights and obligations of free and independant c t'zens. A knowledge of the laws— their moral force and efficacy, thus becomes an t'3iential element of freedom, and makes public education of primary importance. In this view the Constitution of California provides for, and guarantees in the most ample manner, the establishment of Common Schools, Seminaries, and Colleges, so as to extend and secure its advantages to the present and future generations. Under the peculiar circumstances in which California becomes a State — with an unexampled increase of a population, coming from every part of the world, speaking various languages, and imbued with different feelings and prejudices. No form of government, no system of laws, can be expected to meet wilh immediate and unanimous assent. It is to be remembered, moreover, that a consid-rable proportion of our fellow citizens are natives of old Spain, California, and those who have voluntarily relinquished the rights of Mcx« icans to enjuy those of American citizens. Long eccustomed to a different form of government, regarding the rights of person and of properly ns interwoven with, ancient usages and time-honoured customs, they may now at once see the advantage of the proposed new government, or yield an immediate approval of new laws , however salutary their provisions or conducive to the general welfare. Out it is confidently believed, when the government as now proposed shall have gone into successful operation, when each department thereof shall move on harmoniously in its apptopriate anJ respective sphere, when laws based on the eternal principles of equity and justice, shall be established ; when every citizen of California shall find himsslt secure in life liberty and property— all will unite in the cordial support of institutions, which are not only the pride and boast of every true-heaited citizen of the union, but have gone forth, a guiding light to every people, groping through the gloom of religious superstition or political fanaticism. Institutions, whiilt even now, while all Europe is agitated with the convulsive efforts of nations battling for liberty, have become the mark and modul of government, for every people who would hold themselves,f.ree, sovereign, anil independent. The putting into operation of a government, whichshall establish justice, ensure domestic tranquillity, promote the general welfare and secme the biesiingo of civil, religious and political liberty, should bs an object of the deepest solicitude to eveiy uue-heartcd ciiizm, and the consummation of bis dearest wishes. The price of liberty is eternal vigilance, und thus it is not only the privilege, but the duty of every voter to vote his seutiments. No freeman of this land who value* his birthright, and would iiausnnt unimpaired to his children, an inheritance so rich in gloiy and in honor, will refuse to giro one dny to the set vicaof his couutiy. Let every qualified voter go early to the Polls, aud give his free vote at the election appointeJ to be hJd on Tuesday, the 13th day of November, nest, not only that a full and fair expression of the public vo c<j may be had, for or against a Constitution in tended to secure the peace, happiness and prosperity of the whole people, but that there numerical and political strength may be made manifest, and tha woild see by whit majority of freemen, California, the brijjlil star of the west, claims a place in the diadsin of that glorious Republic, formed by the union of thiity»ono sovereign States.