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Sec. 2. The Legislature shall encourage, by all suitable means, the promotion of intellectual, scientific, moral and agricultural improvement. The proceeds of all land 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 neglecting to keep 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 the 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 authorised 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
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, Foting thereon, such amendment or amendments, shall become part of the Constitution.
Sec. %. 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.
Miscellaneous Provisions. Sec. l. 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 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 this 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 in. ferior 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 Constitotion 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 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 1st 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 stockbolder in any association or corporation.
See. 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 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, & 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 appoint.
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, un. der adequate penalties, all undue influence thereon from power, bribery, tnmult, 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 an 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.
Commencing at the point of intersection of 420 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 south easterly 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 420 degree of north latitude, thence on the line of said 420 degree of north latitude to the place of beginning. Also all the islands, harbors, and bays, along and adjacent to the Pacific Coast.
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 pf 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 superceded thereby, nor the laws relative to the duties of the several officers be changed, until the entering into office of the new officers to be appointed under this Constitution.
Sec. 4. The provisions of this Constitution corncerning the term of residence necessary to en. able persons to hold certain offices therein mentioned, shall not bo 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, the day aforesaid, in the 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 retums 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 trsnsmit 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 Secre. tary 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 proclation 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 com. plete the organization of that body, the Senate shall elect a President pro tempore, until the Lieu. tenant-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 ordereded by this Constitution, to be elected by that body, and within four days after it 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 be 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 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 authorised to negotiate for such amount as may be necessary to pay the expenses of the State Government.
B. S. Lippincott, C. T. Borts, ,
M. M. McCARVER, E. Brown,
John McDouGAL, J. A. CARRILLO,
B. F. MOORE, J. M. COVARRUBIAS,
Mrron NORTON, E. O. CROSBY,
P. Ord, P. DE LA GUERRA,
MIGUEL PEDRORENA, L. DENT,
A. M. Pico, M. DOMINGUEZ,
'R. M. PRICE, K. H. DIMMICK,
Hugo REID, A. J. Ellis,
Jacinto RODRIGUEZ, S. C. FOSTER,
Pedro SANSEVAINE, E. GILBERT,
W. E. SHANNON, W. M. Gwix,
W. S. SHERWOOD, H. W. HallECK,
J. R. SNYDER, JULIAN Hanks,
A. STEARNS, L. W. HASTINGS,
W. M. STEUART, HENRY HILL,
J. A. SUTTER, J. Hobson,
Henry A. Terit, J. McH. HOLLINSWORTI,
S. L. VERMULE, J. D. Hoppe,
M. G. VALLEJO, J. M. JONES,
J. WALKER, T. 0. LARKIN,
0. M. WOZENCRAFT. Francis J. LIPPITT,
To the Honorable the Senate and House of Representatives of the United
States of America in Congress assembled : The undersigned, Senators and Representatives elect from the State of California, have the bonor, in pursuance of a requirement in the Constitution recently adopted by her people for her government as a State, to lay before your honorable bodies certified copies of said Constitution, together with their credentials, and to request " in the name of the people of California, the admission of the State of California into the American Union."
In performing this duty, the undersigned deem it but just to state that they have learned with astonishment and sincere regret, since their arrival in the City of Washington, of the existence of an organized, respectable, and talented opposition to the admission of the new State which they have the distinguished honor to represent. This opposition is so unexpected, so important in num. bers and ability, and so decided in its sectional character, that they feel they should do injustice to their constituents, to the cause of good government, and to the progressive advance of freedom and civilization, did they not at least attempt an answer to the many arguments urged against the admission of California.
The undersigned, therefore, fully aware that much ignorance, misapprehension, and misconception exists in the public mind of the Atlantic States relative to their country, its citizens, and the proceedings by which a State Government has been recently formed there, and deeply sorrowful that false charges should have been made against the character, intelligence, and virtue of their constituents, have deemed it obligatory upon them, in presenting in a formal manner the request of the State of California for admission into the American Union, that they should, by a narration of facts, at once and forever silence those who have disregarded the obligations of courtesy and all the rules of justice, by ungenerous insinuations, unfair deductions, false premises, and unwarranted conclusions. They believe that in so doing they will carry out the wishes of those who have consmissioned them, and contribute to the true history of this important political era; while they ardently desire and hope that they may thereby be enabled to exert a happy influence in allaying that intense excitement which now menaces the perpetuity of the Republic, and all the dearest hopes of freedom.
In pursuance of this determination, the undersigned have thought it proper to present, as briefly as possible, an outline of the history of the country, from its conquest by the American forces to the adoption of her present Constitution and the erection of a State Government. In order to do this satisfactorily, it is not believed to be necessary to dwell at length upon the details of the early history, but simply to state that the first emigration of Americans into California in any considerable numbers, occurred during the summer and fall of the year 1845. This emigration, which is believed not to have exceeded 500 persons, constituted the basis from which sprung the train of causes which led to the ultimate subjugation of the country. The particulars of those events are presumed to be familiar to the members of each of your honorable bodies, and generally understood by the public at large, and the undersigned therefore pass over the history of the revolutionary and military operations which resulted in the establishment of Col. Richard B. Mason as the military, and ex officio civil, Governor of the Department of Upper California, on the 31st day of May, 1847.
At that time the American forces held possession of the whole of what was then denominated Upper California, and were posted at different points, in small detachments, from Sutter's Fort in the norih to the town of San Diego in the south. The Pacific squadron of the Navy of the United States, under the command of Commodore Shubrick, was then upon the coast, and its vessels were at anchor in the different harbors of the country. The country was quiet, and the population orderly, industrious, intelligent, and enterprising. From the time that the united forces of American emigrant volunteers under Col. Fremont, and the United States naval forces under Commodore Sloat had raised the American standard throughout the country, the supreme authorities had collected in all the ports of California a revenue from imports. This, with other slight cases of individual severity and infringement by the military and naval commandants during the war, upon what was regarded by the American emigrants as the inherent rights of the citizen, together with a natural jealousy of military rule, which is believed to be a national characteristic, could not fail to make the military authority, which had now devolved upon Col. Mason, a source of suspicion, disagreement, and discontent. This was more particularly the case in regard to the American inhabitants, who had now become quite numerous by continued arrivals of emigrants, both by sea and land; but the feeling was also participated in, to a great extent, by the native citizens of the country, who were further influenced by the chagrin, hatred, and uncertainty which is sure to fill the breasts of a subjugated but courageous people.