Dear Patriots:
Grant Burmer
Some years ago I
was able to store an original copy, or text, of the Proclamation for the 1849
California Constitution. At the time of
its publication for ratification the official delegates were located in
Monterey. Brevet, Brigadier General
Bennett Riley was then, Territorial Governor of California, with headquarter in
San Jose.
The process of
Ratification by the People of California took place in November 1849 and by the
first week of December election returns started coming in. On January 2, 1850
General Riley resigned his commission and turned his responsibilities over to
the newly elected Legislature.
Of interest are
the following tidbits:
Article I. Entitled, Delcaration 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 and protecting
property: and pursuing and obtaining safety and happiness.
For those who may have forgotten, or did not
know: inalienable means “incapable of
being alienated, surrendered or transferred, rights granted to us by God. These rights indeed, have been made subject
to the whims of the very government we have formed and ignorantly turned over
to them. Dare I mention the Franchise Tax Board, Unions and other Power Brokers
in the State Legislature? On the Federal
level the IRS.
Section: 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 may require it.
May I add., NOT
UNLESS WE HAVE THE COURAGE TO DEMAND IT! Ever wonder why tyrants in office want
to take away your guns and God out of the institutions of Government?
I love this one,
Sound Familiar? Section: 21. This enumeration of rights shall not be
construed to impair or deny others retained by the people.
This is my favorite: Rights of Suffrage
Article II Sec: 5. No
idiot or insane person, or person convicted of any infamous crime, shall be
entitled to the privileges of and elector.
Today, one
wonders, whose in the majority in or about Sacramento?
Article IV. Sec: 27.
No Lottery shall be authorized by the state nor shall the sale of
lottery tickets be allowed.
Perhaps
our leaders in Sacramento did not at the time realize the benefits of the
lottery for the general fund?
Sec: 35.
The legislature of the State shall prohibit by law, any person or
persons, association, company, or corporation, from exercising the privileges
of banking, or creating paper to circulate as money.
Common sense must
have flown out the window, do you think? I love the word shall, as in shall
not, or shall prohibit. Pretty exclusive verbiage
I would say!
And finally Article
XI Sec: 3. Entitled “Miscellaneous Provisions”
Members of the
legislature, and all officers executive and judicial, except such inferior
officers as may be by law exempted, shall before they enter on the duties of
the respective offices, take and subscribe the following oath or affirmation: “I
do solemnly swear (or affirm as the case may be.) that I will support the
Constitution of the United States and the Constitution of the State of
California; and that I will faithfully
discharge the duties of the office of _____according to the best of my
ability. And no other oath, declaration,
or test, shall be required as a qualification for any office or public trust.”
The only fault I
find with this is that it is perhaps inappropriately titled as an
afterthought. Truly each provision
quoted is unique on its’ own terms. Our elected leaders too often appear to
treat their responsibilities with a blasé unconcern, send me my check at the
end of the week attitude, lacking any character. I mean by character, that which portrays
moral excellence, one who is honest, trustful, loyal, and most of all
selfless.
When California
solicited to become the 31st State of the Union the men who formed
it said this: “the putting into operation of a government, which shall establish
justice, ensure domestic tranquility, promote the general welfare and secure
the blessing of civil religious and political liberty, should be an object of
the deepest solicitude to every true-hearted citizen, and the consummation of
this dearest wishes. The price of
liberty is eternal vigilance, and this it is not only the privilege but the
duty of every voter, to vote his sentiments. No freeman of this land who values
his birth-right, and would transmit unimpaired to his children, and inheritance
so rich in glory and in honor, will refuse to give one day to the service of
his country. Let every qualified voter go early to the polls___. (Let) the world see by what majority of
freemen, California, the bright star of the west, claims a place in the diadem
of the glorious Republic, formed by the union of thirty-one sovereign States.”
Diadem=”A Royal Crown”
Oh that if it were
true now.
