An Appeal to Californians to Immediately Undertake a Peaceful Revolution in 1876, and Reorganize Their State Government: Together with an Address by the Same Author on the Same Subject, Delivered in the Senate of California, February 7th, 1856

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author, 1875 - 99 pages
Shaw was concerned with the small number of people, mainly outsiders, who established the first state constitution without knowing what the state would be like and what it would need. His detailed list of shortcomings included the jury system, selection of judges, local governments, taxation, and limitations on its powers. He proposed a convention to write a new constitution based on better knowledge. His first work was in 1856, seven years after the first constitution. His second proposal came on the eve of the centennial of the nation.

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Page 45 - When popular discontents have been very prevalent, it may well be affirmed and supported, that there has been generally something found amiss in the constitution, or in the conduct of government. The people have no interest in disorder. When they do wrong, it is their error, and not their crime. But with the governing part of the state, it is far otherwise. They certainly may act ill by design, as well as by mistake.
Page 62 - No law shall be revised or amended by reference to its title, but in such case the Act revised or section amended shall be reenacted and published at length as revised or amended...
Page 45 - I am not one of those who think that the people are never in the wrong. They have been so, frequently and outrageously, both in other countries and in this. But I do say that in all disputes between them and their rulers the presumption is at least upon a par in favour of the people.
Page 75 - Absence from this State on business of the State, or of the United States, shall not affect the question of residence of any person.
Page 10 - ... no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury.
Page 97 - A secretary of the commonwealth, treasurer and an auditor of public accounts shall be elected by the joint vote of the two houses of the general assembly, and continue in office for the term of two years, unless sooner removed.
Page 49 - ... judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the State; but the party convicted or acquitted shall, nevertheless, be liable to indictment, trial, and punishment, according to law. All other civil officers shall be tried for misdemeanor in office in such manner as the Legislature may provide.
Page 38 - AN ACT Recommending to the Electors to vote for, or against, a Convention to revise and change the Constitution of this State.
Page 94 - Governor may veto a bill ; but, if afterwards passed by a majority of those elected to each house, it shall become a law. A Secretary of State, Auditor, and Treasurer, shall be chosen by the people for two years...
Page 59 - In actions for the recovery of money only, or of specific real or personal property, or for a divorce on the ground of adultery, the issues of fact shall be tried by a jury, unless a jury trial be waived or a reference be ordered.

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