PROCLAMATION TO THE PEOPLE OF CALIFORNIA.
The delegates of the people, assembled in Convention, have formed a
Constitution, which is now presented for your ratification. The time and
manner of voting on this Constitution, and of holding the first general
election, are clearly set forth in the schedule. The whole subject is,
therefore, left for your unbiassed and deliberate consideration.
The Prefect (or person exercising the functions of that office) of each
district, will designate the places for opening the polls, and give due
notice of the election, in accordance with the provisions of the
Constitution and schedule.
The people are now called upon to form a government for themselves, and
to designate such officers as they desire, to make and execute the laws.
That their choice may be wisely made, and that the government so
organized may secure the permanent welfare and happiness of the people
of the new State, is the sincere and earnest wish of the present
Executive, who, if the Constitution be ratified, will, with pleasure,
surrender his powers to whomsoever the people may designate as his
successor.
Given at Monterey, California, this 12th day of October, A. D., 1849.
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.
Sec. 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.
Sec. 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.
Sec. 3. The right of trial by jury shall be secured to all, 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.
Sec. 4. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed
in this State; and no person shall be rendered incompetent to be 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 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. Excessive bail shall not be required, nor excessive fines
imposed, nor shall cruel or unusual punishments be inflicted, nor shall
witnesses be unreasonably detained.
Sec. 7. All persons shall be bailable by sufficient sureties: unless for
capital offences, when the proof is evident, or the presumption 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 in actual service, and the land and naval forces in time of war, or
which this State may keep with the consent of Congress in time of peace,
and in cases of petit larceny under the regulation of the Legislature,)
unless on presentment 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 twice put in jeopardy for the same offence; nor shall
he be compelled, in any criminal case, to be a witness against himself,
nor be deprived of life, liberty, 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 criminal 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 libellous is true, and was
published with good motives and for justifiable 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 assemble together, to
consult for the common good, to instruct their representatives, and to
petition the legislature for redress of grievances.
Sec. 11. All laws of a general nature shall have a uniform operation.
Sec. 12. The military shall be subordinate to the civil power. No
standing army shall be kept up by this State in time of peace; and in
time of war no appropriation for a standing army shall be for a longer
time than two years.
Sec. 13. No soldier shall, in time of peace, be quartered in any house,
without the consent of the owner; nor in time of war, except in the
manner to be prescribed by law.
Sec. 14. Representation shall be apportioned according to population.
Sec. 15. No person shall be imprisoned for debt, in any civil action on
mesne or final process, unless in cases of fraud; and no person shall
be imprisoned for a militia fine in time of peace.
Sec. 16. No bill of attainder, ex post facto law, or law impairing the
obligation of contracts, shall ever be passed.
Sec. 17. Foreigners who are, or who may hereafter become, bona fide
residents of this State, shall enjoy the same rights in respect to the
possession, enjoyment and inheritance of property, as native born
citizens.
Sec. 18. Neither slavery, nor involuntary servitude, unless for the
punishment of crimes, shall ever be tolerated in this State.
Sec. 19. The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable seizures and searches, shall
not be violated; and no warrant shall issue but on probable cause,
supported by oath or affirmation, particularly describing the place to
be searched, and the persons and things to be seized.
Sec. 20. Treason against the State shall consist only in levying war
against it, adhering to its enemies, or giving them aid and comfort. No
person shall be convicted of treason, unless on the evidence of two
witnesses to the same overt act, or confession in open court.
Sec. 21. This enumeration of rights shall not be construed to impair or
deny others retained by the people.
ARTICLE II.
RIGHT OF SUFFRAGE.
Sec. 1. Every white male citizen of the United States, and every white
male citizen of Mexico, who shall have elected to become a citizen of
the United States, under the treaty of peace exchanged and ratified at
Queretaro, on the 30th day of May, 1848, of the age of twenty-one years,
who shall have been a resident of the State six months next preceding
the election, and the county or district in which he claims his vote
thirty days, shall be entitled to vote at all elections which are now or
hereafter may be authorized by law: Provided, that nothing herein
contained shall be construed to prevent the Legislature, by a two-thirds
concurrent vote, from admitting to the right of suffrage, Indians or the
descendants of Indians, in such special cases as such a proportion of
the legislative body may deem just and proper.
Sec. 2. Electors shall, on all cases except treason, felony, or breach
of the peace, be privileged from arrest on the days of the election,
during their attendance at such election, going to and returning
therefrom.
Sec. 3. No elector shall be obliged to perform militia duty on the day
of election, except in time of war or public danger.
Sec. 4. For the purpose of voting, no person shall be deemed to have
gained or lost a residence by reason of his presence or absence while
employed in the service of the United States; nor while engaged in the
navigation of the waters of this State, or of the United States, or of
the high seas; nor while a student of any seminary of learning; nor
while kept at any almshouse, or other asylum, at public expense; nor
while confined in any public prison.
Sec. 5. No idiot or insane person, or person convicted of any infamous
crime, shall be entitled to the privileges of an elector.
Sec. 6. All elections by the people shall be by ballot.
ARTICLE III.
DISTRIBUTION OF POWERS.
The powers of the government of the State of California shall be divided
into three separate departments: the Legislature, the Executive, and
Judicial; and no person charged with the exercise of powers properly
belonging to one of these departments, shall exercise any functions
appertaining to either of the others; except in the cases hereinafter
expressly directed or permitted.
ARTICLE IV.
LEGISLATIVE DEPARTMENT.
Sec. 1. The legislative power of this State shall be vested in a Senate
and Assembly, which shall be designated the Legislature of the State of
California, and the enacting clause of every law shall be as follows:
“The people of the State of California, represented in Senate and
Assembly, do enact as follows.”
Sec. 2. The sessions of the Legislature shall be annual, and shall
commence on the first Monday of January, next ensuing the election of
its members; unless the Governor of the State shall, in the interim,
convene the Legislature by proclamation.
Sec. 3. The members of the Assembly shall be chosen annually, by the
qualified electors of their respective districts, on the Tuesday next
after the first Monday in November, unless otherwise ordered by the
Legislature, and their term of office shall be one year.
Sec. 4. Senators and members of Assembly shall be duly qualified
electors in the respective counties and districts which they represent.
Sec. 5. Senators shall be chosen for the term of two years, at the same
time and places as members of Assembly; and no person shall be a member
of the Senate or Assembly, who has not been a citizen and inhabitant of
the State one year, and of the county or district for which he shall be
chosen, six months next before his election.
Sec. 6. The number of Senators shall not be less than one-third, nor
more than one-half of that of the members of Assembly; and at the first
session of the Legislature after this Constitution takes effect, the
Senators shall be divided by lot as equally as may be, into two classes;
the seats of the Senators of the first class shall be vacated at the
expiration of the first year, so that one-half shall be chosen annually.
Sec. 7. When the number of Senators is increased, they shall be
apportioned by lot, so as to keep the two classes as nearly equal in
number as possible.
Sec. 8. Each house shall choose its own officers, and judge of the
qualifications, elections, and returns of its own members.
Sec. 9. A majority of each house shall constitute a quorum to do
business; but a smaller number may adjourn from day to day, and may
compel the attendance of absent members, in such manner, and under such
penalties as each house may provide.
Sec. 10. Each house shall determine the rules of its own proceedings,
and may with the concurrence of two-thirds of all the members elected,
expel a member.
Sec. 11. Each house shall keep a journal of its own proceedings, and
publish the same; and the yeas and nays of the members of either house,
on any question, shall, at the desire of any three members present, be
entered on the journal.
Sec. 12. Members of the Legislature shall, in all cases except treason,
felony, and breach of the peace, be privileged from arrest, and they
shall not be subject to any civil process during the session of the
Legislature, nor for fifteen days next before the commencement and after
the termination of each session.
Sec. 13. When vacancies occur in either house, the Governor, or the
person exercising the functions of the Governor, shall issue writs of
election to fill such vacancies.
Sec. 14. The doors of each house shall be open, except on such occasions
as in the opinion of the house may require secrecy.
Sec. 15. Neither house shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in which they
may be sitting.
Sec. 16. Any bill may originate in either house of the Legislature, and
all bills passed by one house may be amended in the other.
Sec. 17. Every bill which may have passed the Legislature, shall, before
it becomes a law, be presented to the Governor. If he approve it, he
shall sign it; but if not, he shall return it, with his objections, to
the house in which it originated, which shall enter the same upon the
journal, and proceed to reconsider it. If, after such reconsideration,
it again pass both houses, by yeas and nays, by a majority of two-thirds
of the members of each house present, it shall become a law,
notwithstanding the Governor’s objections. If any bill shall not be
returned within ten days after it shall have been presented to him,
(Sunday excepted,) the same shall be a law, in like manner as if he had
signed it, unless the Legislature, by adjournment, prevent such return.
Sec. 18. The Assembly shall have the sole power of impeachment; and all
impeachments shall be tried by the Senate. When sitting for that
purpose, the Senators shall be upon oath or affirmation; and no person
shall be convicted without the concurrence of two-thirds of the members
present.
Sec. 19. The Governor, Lieutenant Governor, Secretary of State,
Comptroller, Treasurer, Attorney General, Surveyor General, Justices of
the Supreme Court and Judges of the District Courts, shall be liable to
impeachment for any misdemeanor in office; but 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 misdemeanors in office, in such manner as the Legislature
may provide.
Sec. 20. No Senator or member of Assembly shall, during the term for
which he shall have been elected, be appointed to any civil office of
profit, under this State, which shall have been created, or the
emoluments of which shall have been increased, during such term, except
such office as may be filled by elections by the people.
Sec. 21. No person holding any lucrative office under the United States,
or any other power, shall be eligible to any civil office of profit,
under this State; provided, that officers in the militia, to which there
is attached no annual salary, or local officers and postmasters whose
compensation does not exceed five hundred dollars per annum, shall not
be deemed lucrative.
Sec. 22. No person who shall be convicted of the embezzlement or
defalcation of the public funds of this State, shall ever be eligible to
any office of honor, trust, or profit, under the State; and the
Legislature shall, as soon as practicable, pass a law providing for the
punishment of such embezzlement, or defalcation, as a felony.
Sec. 23. No money shall be drawn from the Treasury but in consequence of
appropriations made by law. An accurate statement of the receipts and
expenditures of the public moneys shall be attached to, and published
with, the laws, at every regular session of the Legislature.
Sec. 24. The members of the Legislature shall receive for their
services, a compensation to be fixed by law, and paid out of the public
treasury; but no increase of the compensation shall take effect during
the term for which the members of either house shall have been elected.
Sec. 25. Every law enacted by the Legislature, shall embrace but one
object, and that shall be expressed in the title: and no law shall be
revised, or amended, by reference to its title; but in such case, the
act revised, or section amended, shall be re-enacted and published at
length.
Sec. 26. No divorce shall be granted by the Legislature.
Sec. 27. No lottery shall be authorized by this State, nor shall the
sale of lottery tickets be allowed.
Sec. 28. The enumeration of the inhabitants of this State shall be
taken, under the direction of the Legislature, in the year one thousand
eight hundred and fifty-two, and one thousand eight hundred and
fifty-five, and at the end of every ten years thereafter; and these
enumerations, together with the census that may be taken, under the
direction of the Congress of the United States, in the year one thousand
eight hundred and fifty, and every subsequent ten years, shall serve as
the basis of representation in both houses of the Legislature.
Sec. 29. The number of Senators and members of Assembly, shall, at the
first session of the Legislature, holden after the enumerations herein
provided for are made, be fixed by the Legislature, and apportioned
among the several counties and districts to be established by law,
according to the number of white inhabitants. The number of members of
Assembly shall not be less than twenty-four, nor more than thirty-six,
until the number of inhabitants within this State shall amount to one
hundred thousand; and after that period, at such ratio that the whole
number of members of Assembly shall never be less than thirty, nor more
than eighty.
Sec. 30. When a congressional, senatorial, or assembly district, shall
be composed of two or more counties, it shall not be separated by any
county belonging to another district; and no county shall be divided, in
forming a congressional, senatorial, or assembly district.
Sec. 31. Corporations may be formed under general laws, but shall not be
created by special act, except for municipal purposes. All general laws
and special acts passed pursuant to this section may be altered from
time to time, or repealed.
Sec. 32. Dues from corporations shall be secured by such individual
liability of the corporators, and other means, as may be prescribed by
law.
Sec. 33. The term corporations, as used in this article, shall be
construed to include all associations and joint-stock companies, having
any of the powers or privileges of corporations not possessed by
individuals or partnerships. And all corporations shall have the right
to sue, and shall be subject to be sued, in all courts, in like cases as
natural persons.
Sec. 34. The Legislature shall have no power to pass any act granting
any charter for banking purposes; but associations may be formed under
general laws, for the deposit of gold and silver; but no such
association shall make, issue, or put in circulation, any bill, check,
tickets, certificate, promissory note, or other paper, or the paper of
any bank, to circulate as money.
Sec. 35. The Legislature of this 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.
Sec. 36. Each stockholder of a corporation, or joint-stock association,
shall be individually and personally liable for his proportion of all
its debts and liabilities.
Sec. 37. It shall be the duty of the Legislature to provide for the
organization of cities and incorporated villages, and to restrict their
power of taxation, assessment, borrowing money, contracting debts, and
loaning their credit, so as to prevent abuses in assessments, and in
contracting debts by such municipal corporations.
Sec. 38. In all elections by the Legislature, the members thereof shall
vote viva voce, and the votes shall be entered on the journal.
ARTICLE V.
EXECUTIVE DEPARTMENT.
Sec. 1. The supreme executive power of this State shall be vested in a
chief magistrate, who shall be styled the Governor of the State of
California.
Sec. 2. The Governor shall be elected by the qualified electors, at the
time and places of voting for members of Assembly, and shall hold his
office two years from the time of his installation, and until his
successor shall be qualified.
Sec. 3. No person shall be eligible to the office of Governor, (except
at the first election,) who has not been a citizen of the United States
and a resident of this State two years next preceding the election, and
attained the age of twenty-five years at the time of said election.
Sec. 4. The returns of every election for Governor shall be sealed up
and transmitted to the seat of government, directed to the Speaker of
the Assembly, who shall, during the first week of the session, open and
publish them in presence of both houses of the legislature. The person
having the highest number of votes shall be Governor; but in case any
two or more have an equal and the highest number of votes, the
Legislature shall, by joint-vote of both houses, choose one of said
persons, so having an equal and the highest number of votes, for
Governor.
Sec. 5. The Governor shall be commander-in-chief of the militia, the
army, and navy, of this State.
Sec. 6. He shall transact all executive business with the officers of
government, civil and military, and may require information in writing
from the officers of the executive department, upon any subject relating
to the duties of the respective offices.
Sec. 7. He shall see that the laws are faithfully executed.
Sec. 8. When any office shall, from any cause become vacant, and no mode
is provided by the constitution and laws for filling such vacancy, the
Governor shall have power to fill such vacancy by granting a commission,
which shall expire at the end of the next session of the Legislature, or
at the next election by the people.
Sec. 9. He may, on extraordinary occasions, convene the Legislature by
proclamation, and shall state to both houses, when assembled, the
purpose for which they shall have been convened.
Sec. 10. He shall communicate by message to the Legislature, at every
session, the condition of the State, and recommend such matters as he
shall deem expedient.
Sec. 11. In case of a disagreement between the two houses, with respect
to the time of adjournment, the Governor shall have power to adjourn the
Legislature to such time as he may think proper; Provided it be not
beyond the time fixed for the meeting of the next Legislature.
Sec. 12. No person shall, while holding any office under the United
States, or this State, exercise the office of Governor, except as
hereinafter expressly provided.
Sec. 13. The Governor shall have the power to grant reprieves and
pardons, after conviction, for all offences except treason, and cases of
impeachment, upon such conditions, and with such restrictions and
limitations, as he may think proper, subject to such regulations as may
be provided by law relative to the manner of applying for pardons. Upon
conviction for treason he shall have the power to suspend the execution
of the sentence until the case shall be reported to the Legislature at
its next meeting, when the Legislature shall either pardon, direct the
execution of the sentence, or grant a further reprieve. He shall
communicate to the Legislature, at the beginning of every session, every
case of reprieve, or pardon granted, stating the name of the convict,
the crime of which he was convicted, the sentence and its date, and the
date of the pardon or reprieve.
Sec. 14. There shall be a seal of this State, which shall be kept by the
Governor, and used by him officially, and it shall be called “The great
seal of the State of California.”
Sec. 15. All grants and commissions shall be in the name and by the
authority of the people of the State of California, sealed with the
great seal of the State, signed by the Governor, and countersigned by
the Secretary of State.
Sec. 16. A Lieutenant Governor shall be elected at the same time and
place, and in the same manner as the Governor; and his term of office,
and his qualifications of eligibility, shall also be the same. He shall
be President of the Senate, but shall only have a casting vote therein.
If, during a vacancy of the office of Governor, the Lieutenant Governor
shall be impeached, displaced, resign, die, or become incapable of
performing the duties of his office, or be absent from the State, the
President of the Senate shall act as Governor, until the vacancy be
filled, or the disability shall cease.
Sec. 17. In case of the impeachment of the Governor, or his removal from
office, death, inability to discharge the powers and duties of the said
office, resignation or absence from the State, the powers and duties of
the office shall devolve upon the Lieutenant Governor for the residue of
the term, or until the disability shall cease. But when the Governor
shall, with the consent of the Legislature, be out of the State in time
of war, at the head of any military force thereof, he shall continue
commander-in-chief of all the military force of the State.
Sec. 18. A Secretary of State, a Comptroller, a Treasurer, an Attorney
General and Surveyor General, shall be chosen in the manner provided in
this Constitution; and the term of office, and eligibility of each,
shall be the same as are prescribed for the Governor and Lieutenant
Governor.
Sec. 19. The Secretary of State shall be appointed by the Governor, by
and with the advice and consent of the Senate. He shall keep a fair
record of the official acts of the Legislative and Executive Departments
of the government; and shall, when required, lay the same, and all
matters relative thereto, before either branch of the Legislature: and
shall perform such other duties as shall be assigned him by law.
Sec. 20. The Comptroller, Treasurer, Attorney General and Surveyor
General, shall be chosen by joint vote of the two houses of the
Legislature, at their first session under this Constitution, and
thereafter shall be elected at the same time and places, and in the same
manner, as the Governor and Lieutenant Governor.
Sec. 21. The Governor, Lieutenant Governor, Secretary of State,
Comptroller, Treasurer, Attorney General, and Surveyor General, shall
each at stated times during their continuance in office, receive for
their services a compensation, which shall not be increased or
diminished during the term for which they shall have been elected; but
neither of these officers shall receive for his own use any fees for the
performance of his official duties.
ARTICLE VI.
JUDICIAL DEPARTMENT.
Sec. 1. The judicial power of this State shall be vested in a Supreme
Court, in District Courts, in County Courts, and in Justices of the
Peace. The Legislature may also establish such municipal and other
inferior courts as may be deemed necessary.
Sec. 2. The Supreme Court shall consist of a Chief Justice, and two
Associate Justices, any two of whom shall constitute a quorum.
Sec. 3. The Justices of the Supreme Court shall be elected at the
general election, by the qualified electors of the State, and shall hold
their office for the term of six years from the first day of January
next after their election; provided that the Legislature shall, at its
first meeting, elect a Chief Justice and two Associate Justices of the
Supreme Court, by joint vote of both houses, and so classify them that
one shall go out of office every two years. After the first election,
the senior Justice in commission shall be the Chief Justice.
Sec. 4. The Supreme Court shall have appellate jurisdiction in all cases
when the matter in dispute exceeds two hundred dollars, when the
legality of any tax, toll, or impost or municipal fine is in question:
and in all criminal cases amounting to felony, or questions of law
alone. And the said court, and each of the Justices thereof, as well as
all district and county judges, shall have power to issue writs of
habeas corpus, at the instance of any person held in actual custody.
They shall also have power to issue all other writs and process
necessary to the exercise of the appellate jurisdiction, and shall be
conservators of the peace throughout the State.
Sec. 5. The State shall be divided by the first Legislature into a
convenient number of districts, subject to such alteration from time to
time as the public good may require; for each of which a district judge
shall be appointed by the joint vote of the legislature, at its first
meeting, who shall hold his office for two years from the first day of
January next after his election; after which, said judges shall be
elected by the qualified electors of their respective districts, at the
general election, and shall hold their office for the term of six years.
Sec. 6. The District Courts shall have original jurisdiction, in law and
equity, in all civil cases where the amount in dispute exceeds two
hundred dollars, exclusive of interest. In all criminal cases not
otherwise provided for, and in all issues of fact joined in the probate
courts, their jurisdiction shall be unlimited.
Sec. 7. The legislature shall provide for the election, by the people,
of a Clerk of the Supreme Court, and County Clerks, District Attorneys,
Sheriffs, Coroners, and other necessary officers; and shall fix by law
their duties and compensation. County Clerks shall be, ex-officio,
Clerks of the District Courts in and for their respective counties.
Sec. 8. There shall be elected in each of the organized counties of this
State, one County Judge who shall hold his office for four years. He
shall hold the County Court, and perform the duties of Surrogate, or
Probate Judge. The County Judge, with two Justices of the Peace, to be
designated according to law, shall hold courts of sessions, with such
criminal jurisdiction as the Legislature shall prescribe, and he shall
perform such other duties as shall be required by law.
Sec. 9. The County Courts shall have such jurisdiction, in cases arising
in Justices Courts, and in special cases, as the Legislature may
prescribe, but shall have no original civil jurisdiction, except in such
special cases.
Sec. 10. The times and places of holding the terms of the Supreme Court,
and the general and special terms of the District Courts within the
several districts, shall be provided for by law.
Sec. 11. No judicial officer, except a Justice of the Peace, shall
receive, to his own use, any fees, or perquisites of office.
Sec. 12. The Legislature shall provide for the speedy publication of all
statute laws, and of such judicial decisions as it may deem expedient;
and all laws and judicial decisions shall be free for publication by any
person.
Sec. 13. Tribunals for conciliation may be established, with such powers
and duties as may be prescribed by law; but such tribunals shall have no
power to render judgment to be obligatory on the parties, except they
voluntarily submit their matters in difference, and agree to abide the
judgment, or assent thereto in the presence of such tribunal, in such
cases as shall be prescribed by law.
Sec. 14. The Legislature shall determine the number of Justices of the
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.