Peace, to be elected in each county, city, town, and incorporated
village of the State, and fix by law their powers, duties, and
responsibilities. It shall also determine in what cases appeals may be
made from Justices’ Courts to the County Court.
SEC. 15. The Justices of the Supreme Court, and Judges of the District
Court, shall severally, at stated times during their continuance in
office, receive for their services a compensation, to be paid out of the
treasury, which shall not be increased or diminished during the term for
which they shall have been elected. The county Judges shall also
severally, at stated times, receive for their services a compensation to
be paid out of the county treasury of their respective counties, which
shall not be increased or diminished during the term for which they
shall have been elected.
SEC. 16. The Justices of the Supreme Court and District Judges shall be
ineligible to any other office, during the term for which they shall
have been elected.
SEC. 17. Judges shall not charge juries with respect to matters of fact,
but may state the testimony and declare the law.
SEC. 18. The style of all process shall be “The People of the State of
California;” all the prosecutions shall be conducted in the name and by
the authority of the same.
ARTICLE VII.
MILITIA.
SEC. 1. The legislature shall provide by law, for organizing and
disciplining the militia, in such manner as they shall deem expedient,
not incompatible with the constitution and laws of the United States.
SEC. 2. Officers of the militia shall be elected or appointed, in such
manner as the legislature shall from time to time direct; and shall be
commissioned by the governor.
SEC. 3. The governor shall have power to call forth the militia, to
execute the laws of the State, to suppress insurrections and repel
invasions.
ARTICLE VIII.
STATE DEBTS.
The Legislature shall not in any manner create any debt or debts,
liability or liabilities, which shall singly, or in the aggregate, with
any previous debts or liabilities, exceed the sum of three hundred
thousands dollars, except in case of war, to repel invasion, or suppress
insurrection, unless the same shall be authorized by some law for some
single object or work, to be distinctly specified therein, which law
shall provide ways and means, exclusive of loans, for the payment of the
interest of such debt or liability, as it falls due, and also pay and
discharge the principal of such debt or liability within twenty years
from the time of the contracting thereof, and shall be irrepealable
until the principal and interest thereon shall be paid and discharged;
but no such law shall take effect until, at a general election, it shall
have been submitted to the people, and have received a majority of all
the votes cast for and against it at such election; and all money raised
by authority of such law shall be applied only to the specific object
therein stated, or to the payment of the debt thereby created; and such
law shall be published in at least one newspaper in each judicial
district, if one be published therein, throughout the State, for three
months next preceding the election at which it is submitted to the
people.
ARTICLE IX.
EDUCATION.
SEC. 1. The Legislature shall provide for the election, by the people,
of a Superintendent of Public Instruction, who shall hold his office for
three years, and whose duties shall be prescribed by law, and who shall
receive such compensation as the Legislature may direct.
SEC. 2. The Legislature shall encourage, by all suitable means, the
promotion of intellectual, 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
disposed of, and the five hundred thousand acres of land granted to the
new States, under an act of Congress distributing the proceeds of the
public lands among the several States of the Union, approved A. D. 1841;
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 perpetual fund,
the interest of which, together with all the rents of the unsold lands,
and such other means as the Legislature may provide, shall be
inviolably appropriated to the support of Common Schools throughout the
State.
SEC 3. The Legislature shall provide for a system of Common Schools, by
which a school shall be kept 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 deprived of its proportion of the
interest of the public fund during such neglect.
SEC. 4. The Legislature shall take measures for the protection,
improvement, or other disposition of such lands as have been, or may
hereafter be, reserved or granted by the United States, or any person or
persons to this State for the use of a University; and the funds
accruing from the rents or sale of such lands, or from any other source,
for the purpose aforesaid, shall be and remain a permanent fund, the
interest of which shall be applied to the support of said university,
with such branches as the public convenience may demand for the
promotion of literature, the arts and sciences, as may be authorized by
the terms of such grant. And it shall be 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.
MODE OF AMENDING AND REVISING THE CONSTITUTION.
SEC. 1. Any amendment or amendments 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 preceding the
time of making such choice. And if, in the Legislature next chosen, as
aforesaid, such proposed amendment or amendments shall be agreed to by a
majority 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 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.
SEC. 2. And if, at any time, two-thirds of the Senate and Assembly shall
think it necessary 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 the 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 convention, to be holden
within 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.
ARTICLE XI.
MISCELLANEOUS PROVISIONS.
SEC. 1. The first session of the Legislature shall be held at the Pueblo
de San Jose, which place shall be the permanent seat of government,
until removed by law; provided, however, that two-thirds of all the
members elected to each house of the Legislature shall concur in the
passage of such law.
SEC. 2. Any citizen of this State who shall, after the adoption of this
constitution, fight a duel with deadly weapons, or send or accept a
challenge to fight a duel with deadly weapons, either within the State
or out of it; or who shall act as second, or knowingly aid or assist in
any manner those thus offending, shall not be allowed to hold any office
of profit, or to enjoy the right of suffrage under this Constitution.
SEC. 3. 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 their 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.
SEC. 4. The Legislature shall establish a system of county and town
governments, which shall be as nearly uniform as practicable, throughout
the State.
SEC. 5. The Legislature shall have power to provide for the election of
a board of supervisors in each county; and these supervisors shall,
jointly and individually, perform such duties as may be prescribed by
law.
SEC. 6. All officers whose election or appointment is not provided for
by this constitution, and all officers whose offices may hereafter be
created by law, shall be elected by the people, or appointed as the
Legislature may direct.
SEC. 7. When the duration of any office is not provided for by this
constitution, it may be declared by law; and if not so declared, such
office shall be held during the pleasure of the authority making the
appointment; nor shall the duration of any office, not fixed by this
constitution, ever exceed four years.
SEC. 8. The fiscal year shall commence on the first day of July.
SEC. 9. Each county, town, city and incorporated village, shall make
provision for the support of its own officers, subject to such
restrictions and regulations as the Legislature may prescribe.
SEC. 10. The credit of the State shall not in any manner be given or
loaned to, or in aid of, any individual, association or corporation; nor
shall the State, directly or indirectly, become a stockholder in any
association or corporation.
SEC. 11. Suits may be brought against the State, in such manner, and in
such courts, as shall be directed by law.
SEC. 12. No contract of marriage, if otherwise duly made, shall be
invalidated, for want of conformity to the requirements of any religious
sect.
SEC. 13. Taxation shall be equal and uniform throughout the State. All
property, in this State, shall be taxed in proportion to its value, to
be ascertained as directed by law; but assessors and collectors of town,
county and State taxes, shall be elected by the qualified electors of
the district, county or town, in which the property taxed for State,
county or town purposes is situated.
SEC. 14. All property, both real and personal, of the wife, owned or
claimed by her before marriage, and that acquired afterwards by gift,
devise or descent, shall be her separate property; and laws shall be
passed more clearly defining the rights of the wife, in relation as well
to her separate property, as to that held in common with her husband.
Laws shall also be passed providing for the registration of the wife’s
separate property.
SEC. 15. The Legislature shall protect by law, from forced sale, a
certain portion of the homestead and other property of all heads of
families.
SEC. 16. No perpetuities shall be allowed, except for eleemosynary
purposes.
SEC. 17. Every person shall be disqualified from holding any office of
profit in this State, who shall have been convicted of having given or
offered a bribe, to procure his election or appointment.
SEC. 18. Laws shall be made to exclude from office, serving on juries,
and from the right of suffrage, those who shall hereafter be convicted
of bribery, perjury, forgery, or other high crimes. The privilege of
free suffrage shall be supported by laws regulating elections, and
prohibiting, under adequate penalties, all undue influence thereon, from
power, bribery, tumult, or other improper practice.
SEC. 19. Absence from this State on business of the State, or of the
United States, shall not affect the question of residence of any person.
SEC. 20. A plurality of the votes given at any election shall constitute
a choice, where not otherwise directed in this constitution.
SEC. 21. All laws, decrees, regulations, and provisions, which from
their nature require publication, shall be published in English and
Spanish.
ARTICLE XII.
BOUNDARY.
The boundary of the State of California shall be as follows:--
Commencing at the point of intersection of the 42d degree of north
latitude with the 120th degree of longitude west from Greenwich, and
running south on the line of said 120th degree of west longitude until
it intersects the 39th degree of north latitude; thence running in a
straight line in a southeasterly direction to the river Colorado, at a
point where it intersects the 35th degree of north latitude; thence down
the middle of the channel of said river, to the boundary line between
the United States and Mexico, as established by the treaty of May 30th,
1848; thence running west and along said boundary line to the Pacific
Ocean, and extending therein three English miles; thence running in a
northwesterly direction, and following the direction of the Pacific
coast to the 42d degree of north latitude; thence on the line of said
42d degree of north latitude to the place of beginning. Also all the
islands, harbors and bays, along and adjacent to the Pacific coast.
SCHEDULE.
SEC. 1. All rights, prosecutions, claims and contracts, as well of
individuals as of bodies corporate, and all laws in force at the time of
the adoption of this constitution, and not inconsistent therewith, until
altered or repealed by the Legislature, shall continue as if the same
had not been adopted.
SEC. 2. The Legislature shall provide for the removal of all causes
which may be pending when this constitution goes into effect, to courts
created by the same.
SEC. 3. In order that no inconvenience may result to the public service,
from the taking effect of this constitution, no office shall be
superseded thereby, nor the laws relative to the duties of the several
offices be changed, until the entering into office of the new officers
to be appointed under this constitution.
SEC. 4. The provisions of this constitution concerning the term of
residence necessary to enable persons to hold certain offices therein
mentioned, shall not be held to apply to officers chosen by the people
at the first election, or by the Legislature at its first session.
SEC. 5. Every citizen of California, declared a legal voter by this
constitution, and every citizen of the United States, a resident of this
State on the day of election, shall be entitled to vote at the first
general election under this constitution, and on the question of the
adoption thereof.
SEC. 6. This constitution shall be submitted to the people, for their
ratification or rejection, at the general election to be held on
Tuesday, the thirteenth day of November next. The executive of the
existing government of California is hereby requested to issue a
proclamation to the people, directing the Prefects of the several
districts, or in case of vacancy, the Sub-Prefects, or senior Judge of
First Instance, to cause such election to be held, on the day aforesaid,
in their respective districts. The election shall be conducted in the
manner which was prescribed for the election of delegates to this
convention, except that the Prefect, Sub-Prefect, or senior Judge of
First Instance ordering such election in each district, shall have power
to designate any additional number of places for opening the polls, and
that, in every place of holding the election, a regular poll-list shall
be kept by the judges and inspectors of election. It shall also be the
duty of these judges and inspectors of election, on the day aforesaid,
to receive the votes of the electors qualified to vote at such election.
Each voter shall express his opinion, by depositing in the ballot-box a
ticket, whereon shall be written, or printed, “For the Constitution,” or
“Against the Constitution,” or some such words as will distinctly convey
the intention of the voter. These Judges and Inspectors shall also
receive the votes for the several officers to be voted for at the said
election, as herein provided. At the close of the election, the judges
and inspectors shall carefully count each ballot, and forthwith make
duplicate returns thereof to the Prefect, Sub-Prefect, or senior Judge
of First Instance, as the case may be, of their respective districts;
and said Prefect, Sub-Prefect, or senior Judge of First Instance, shall
transmit one of the same, by the most safe and rapid conveyance, to the
Secretary of State. Upon the receipt of said returns, or on the tenth
day of December next, if the returns be not sooner received, it shall be
the duty of a board of canvassers, to consist of the Secretary of State,
one of the Judges of the Superior Court, the Prefect, Judge of First
Instance, and an Alcalde of the District of Monterey, or any three of
the aforementioned officers, in the presence of all who shall choose to
attend, to compare the votes given at said election, and to immediately
publish an abstract of the same in one or more of the newspapers of
California. And the Executive will also, immediately after ascertaining
that the constitution has been ratified by the people, make proclamation
of the fact; and thenceforth this constitution shall be ordained and
established as the constitution of California.
SEC. 7. If this constitution shall be ratified by the people of
California, the Executive of the existing government is hereby
requested, immediately after the same shall be ascertained, in the
manner herein directed, to cause a fair copy thereof to be forwarded to
the President of the United States, in order that he may lay it before
the Congress of the United States.
SEC. 8. At the general election aforesaid, viz.: the thirteenth day of
November next, there shall be elected a Governor, Lieutenant Governor,
members of the Legislature, and also two members of Congress.
SEC. 9. If this constitution shall be ratified by the people of
California, the legislature shall assemble at the seat of government, on
the fifteenth day of December next, and in order to complete the
organization of that body, the Senate shall elect a President _pro
tempore_, until the Lieutenant Governor shall be installed into office.
SEC. 10. On the organization of the legislature, it shall be the duty of
the Secretary of State, to lay before each house a copy of the abstract
made by the board of canvassers, and, if called for, the original
returns of election, in order that each house may judge of the
correctness of the report of said board of canvassers.
SEC. 11. The legislature, at its first session, shall elect such
officers as may be ordered by this constitution, to be elected by that
body, and within four days after its organization, proceed to elect two
Senators to the Congress of the United States. But no law passed by this
legislature shall take effect until signed by the Governor, after his
installation into office.
SEC. 12. The Senators and Representatives to the Congress of the United
States, elected by the legislature and people of California, as herein
directed, shall be furnished with certified copies of this constitution,
when ratified, which they shall lay before the Congress of the United
States, requesting, in the name of the people of California, the
admission of the State of California into the American Union.
SEC. 13. All officers of this State, other than members of the
legislature, shall be installed into office on the fifteenth day of
December next, or as soon thereafter as practicable.
SEC. 14. Until the legislature shall divide the State into counties, and
senatorial and assembly districts, as directed by this constitution, the
following shall be the apportionment of the two houses of the
legislature, viz.: the districts of San Diego and Los Angelos shall
jointly elect two senators; the districts of Santa Barbara and San Luis
Obispo shall jointly elect one senator; the district of Monterey, one
senator; the district of San Jose, one senator; the district of San
Francisco, two senators; the district of Sonoma, one senator; the
district of Sacramento, four senators; and the district of San Joaquin,
four senators:--And the district of San Diego shall elect one member of
assembly; the district of Los Angelos, two members of assembly; the
district of Santa Barbara, two members of assembly; the district of San
Luis Obispo, one member of assembly; the district of Monterey, two
members of assembly; the district of San Jose, three members of
assembly; the district of San Francisco, five members of assembly; the
district of Sonoma, two members of assembly; the district of Sacramento,
nine members of assembly; and the district of San Joaquin, nine members
of assembly.
SEC. 15. Until the legislature shall otherwise direct, in accordance
with the provisions of this constitution, the salary of the Governor
shall be ten thousand dollars per annum; and the salary of the
Lieutenant Governor shall double the pay of a state senator; and the pay
of members of the legislature shall be sixteen dollars per diem, while
in attendance, and sixteen dollars for every twenty miles travel by the
usual route from their residences, to the place of holding the session
of the legislature, and in returning therefrom. And the legislature
shall fix the the salaries of all officers, other than those elected by
the people, at the first election.
SEC. 16. The limitation of the powers of the legislature, contained in
article 8th of this constitution, shall not extend to the first
legislature elected under the same, which is hereby authorized to
negotiate for such amount as may be necessary to pay the expenses of the
State Government.
R. SEMPLE,
President of the Convention,
and Delegate from Benicia.
WM. G. MARCY, Secretary.
J. ARAM,
C. T. BOTTS,
E. BROWN,
J. A. CARILLO,
J. M. COVARRUBIAS,
E. O. CROSBY,
P. D. LA GUERRA,
L. DENT,
M. DOMINGUEZ,
K. H. DIMMICK,
A. J. ELLIS,
S. C. FOSTER,
E. GILBERT,
W. M. GWINN,
H. W. HALLECK,
JULIAN HANKS,
L. W. HASTINGS,
HENRY HILL,
J. HOBSON,
J. MCH. HOLLINGSWORTH,
J. D. HOPPE,
J. M. JONES,
T. O. LARKIN,
FRANCIS L. LIPPITT,
B. S. LIPPINCOTT,
M. M. MCCARVER,
JOHN MCDOUGAL,
B. F. MOORE,
MYRON NORTON,
P. ORD,
MIGUEL PEDRORENA,
A. M. PICO,
R. M. PRICE,
HUGO REID,
JACINTO RODRIGUEZ,
PEDRO SANSEVAINE,
W. E. SHANNON,
W. S. SHERWOOD,
J. R. SNYDER,
A. STEARNS,
W. M. STEUART,
J. A. SUTTER,
HENRY A. TEFFT,
S. L. VERMULE,
M. G. VALLEJO,
J. WALKER,
O. M. WOZENCRAFT.
Typographical errors corrected by the etext transcriber:
State of Caliiornia=> State of California {pg vii}
A CAIFORNIAN=> A CALIFORNIAN {pg 63}
my umbella=> my umbrella {pg 121}
PREPARTIONS=> PREPARATIONS {pg 123}
regal banquests=> regal banquets {pg 149}
most delighful=> most delightful {pg 154}
most fastidous=> most fastidious {pg 160}
to the riging=> to the rigging {pg 170}
first matet=> first mate {pg 174}
A HETACOMB=> A HECTACOMB {pg 184}
have praticed=> have practiced {pg 187}
remains, consesequently=> remains, consequently {pg 188}
very stongly=> very strongly {pg 195}
WRONGS THEY HAVR=> WRONGS THEY HAVE {pg 201}
the themometer=> the thermometer {pg 203}