History of the State of California Part 22

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 a.s.sessors 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 pa.s.sed 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 pa.s.sed providing for the restoration 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 or residence of any person.

SEC. 20. A plurality of the votes given at any election shall const.i.tute a choice, where not otherwise directed in this const.i.tution.

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 lat.i.tude 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 lat.i.tude; 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 lat.i.tude; 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 north-westerly direction, and following the direction of the Pacific coast to the 42d degree of north lat.i.tude; thence on the line of said 42d degree of north lat.i.tude 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 Const.i.tution, 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 Const.i.tution 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 Const.i.tution, no office shall be superseded 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 Const.i.tution.

SEC. 4. The provisions of this Const.i.tution 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 Const.i.tution, and every citizen of the United States, a resident of this State on the day of election, shall be ent.i.tled to vote at the first general election under this Const.i.tution, and on the question of the adoption thereof.

SEC. 6. This Const.i.tution 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 Const.i.tution," or "Against the Const.i.tution," 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 canva.s.sers, 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 Const.i.tution has been ratified by the people, make proclamation of the fact; and thenceforth this Const.i.tution shall be ordained and established as the Const.i.tution of California.

SEC. 7. If this Const.i.tution 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 const.i.tution shall be ratified by the people of California, the Legislature shall a.s.semble 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 canva.s.sers, 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 canva.s.sers.

SEC. 11. The Legislature, at its first session, shall elect such officers as may be ordered by this Const.i.tution, 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 pa.s.sed 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 Const.i.tution, 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 a.s.sembly districts, as directed by this Const.i.tution, the following shall be the apportionment of the two houses of the Legislature, viz: the districts of San Diego and Los Angeles 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 a.s.sembly; the district of Los Angeles, two members of a.s.sembly; the district of Santa Barbara, two members of a.s.sembly; the district of San Luis Obispo, one member of a.s.sembly; the district of Monterey, two members of a.s.sembly; the district of San Jose, three members of a.s.sembly; the district of San Francisco, five members of a.s.sembly; the district of Sonoma, two members of a.s.sembly; the district of Sacramento, nine members of a.s.sembly; and the district of San Joaquin, nine members of a.s.sembly.

SEC. 15. Until the Legislature shall otherwise direct, in accordance with the provisions of this Const.i.tution, 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 Const.i.tution, 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 Benecia.

WM. G. MARCY, Secretary.

J. Aram, C. T. Botts, E. Brown, J. A. Carillo, J. M. Covarrubias, E. O. Crosby, P. De 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 J. 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 Reed, 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.

B.

ADDRESS TO THE PEOPLE OF CALIFORNIA.

The undersigned, delegates to a convention authorized to form a Const.i.tution for the State of California, having, to the best of their ability, discharged the high trust committed to them, respectfully submit the accompanying plan of government for your approval.

Acknowledging the great fundamental principles, that all political power is inherent in the people, and that government is inst.i.tuted for the protection, security and benefit of the people, the Const.i.tution presented for your consideration is intended only to give such organic powers to the several departments of the proposed government, as shall be necessary for its efficient administration: and while it is believed no power has been given, which is not thus essentially necessary, the convention deem individual rights, as well as public liberty, are amply secured, by the people still retaining not only the great conservative power of free choice and election of all officers, agents, and representatives, but the unalienable right to alter or reform their government, whenever the public good may require.

Although born in different climes, coming from different States, imbued with local feelings, and educated, perhaps, with predilections for peculiar inst.i.tutions, laws, and customs, the delegates a.s.sembled in convention as Californians, and carried on their deliberations in a spirit of amity, compromise, and mutual concession for the public weal.

It cannot be denied that a difference of opinion was entertained in the convention, as to the policy and expediency of several measures embodied in the Const.i.tution; but looking to the great interests of the State of California, the peace, happiness, and prosperity of the whole people,--individual opinions were freely surrendered to the will of the majority, and, with one voice, we respectfully but earnestly recommend to our fellow citizens the adoption of the Const.i.tution which we have the honor to submit.

In establishing a boundary for the State, the convention conformed, as near as was deemed practicable and expedient, to great natural landmarks, so as to bring into a union all those who should be included by mutual interest, mutual wants, and mutual dependence. No portion of territory is included, the inhabitants of which were not or might not have been legitimately represented in the convention, under the authority by which it was convened; and in unanimously resolving to exclude slavery from the State of California, the great principle has been maintained, that to the people of each State and Territory, alone, belongs the right to establish such munic.i.p.al regulations, and to decide such questions as affect their own peace, prosperity and happiness.

A free people, in the enjoyment of an elective government, capable of securing their civil, religious, and political rights, may rest a.s.sured these inestimable privileges can never be wrested from them, so long as they keep a watchful eye on the operations of their government, and hold to strict accountability those to whom power is delegated. No people were ever yet enslaved, who knew and dared maintain the co-relative rights and obligations of free and independent citizens. A knowledge of the laws--their moral force and efficacy, thus becomes an essential element of freedom and makes public education of primary importance. In this view, the Const.i.tution of California provides for, and guarantees in the most ample manner, the establishment of common schools, seminaries and colleges, so as to extend the blessings of education throughout the land, and secure its advantages to the present and future generations. Under the peculiar circ.u.mstances in which California becomes a State--with an unexampled increase of a population coming from every part of the world, speaking various languages, and imbued with different feelings and prejudices, no form of government, no system of laws, can be expected to meet with immediate and unanimous a.s.sent. It is to be remembered, moreover, that a considerable portion of our fellow-citizens are natives of Old Spain, Californians, and those who have voluntarily relinquished the rights of Mexicans to enjoy those of American citizens. Long accustomed to a different form of government, regarding the rights of person and of property as interwoven with ancient usages and time-honored customs, they may not at once see the advantages of the proposed new government, or yield an immediate approval of new laws, however salutary their provisions, or conducive to the general welfare. But it is confidently believed, when the government as now proposed shall have gone into successful operation, when each department thereof shall move on harmoniously in its appropriate and respective sphere, when laws, based on the eternal principles of equity and justice, shall be established, when every citizen of California, shall find himself secure in life, liberty, and property--all will unite in the cordial support of inst.i.tutions, which are not only the pride and boast of every true-hearted citizen of the Union, but have gone forth, a guiding light to every people groping through the gloom of religious superst.i.tion or political fanaticism--inst.i.tutions, which even now, while all Europe is agitated with the convulsive efforts of nations battling for liberty, have become the mark and model of government for every people who would hold themselves free, sovereign, and independent.

With this brief exposition of the views and opinions of the convention, the undersigned submit the Const.i.tution and plan of government for your approval. They earnestly recommend it to your calm and deliberate consideration, and especially do they most respectfully urge on every voter to attend the polls.

The putting into operation of a government which shall establish justice, insure domestic tranquillity, promote the general welfare, and secure the blessings of civil, religious, and political liberty, should be an object of the deepest solicitude to every true-hearted citizen, and the consummation of his dearest wishes. The price of liberty is eternal vigilance, and thus it is not only the privilege but the duty of every voter to vote his sentiments. No freeman of this land who values his birthright, and would transmit unimpaired to his children an inheritance so rich in glory and honor, will refuse to give one day to the service of his country. Let every qualified voter go early to the polls, and give his free vote at the election appointed to be held on Tuesday, the 13th day of November next, not only that a full and fair expression of the public voice may be had, for or against a const.i.tution intended to secure the peace, happiness and prosperity of the whole people, but that their numerical and political strength may be made manifest, and the world see by what majority of freemen California, the bright star of the West, claims a place in the diadem of that glorious republic, formed by the Union of thirty-one sovereign States.

(Signed)

Joseph Aram, Chas. T. Botts, Elam Brown, Jose Anto. Carillo, Jose M. Covarrubias, Elisha O. Crosby, Lewis Dent, Manuel Dominguez, K. H. Dimmick, A. J. Ellis, Stephen G. Foster, Pablo De La Guerra, Benj. S. Lippincott, M. M. McCarver, John McDougal, Benj. F. Moore, Myron Norton, P. Ord, Miguel De Pedrorena, Rodman M. Price, Antonio M. Pico, Jacinto Rodrigues, Hugh Reed, John A. Sutter, Edw. Gilbert, Wm. M. Gwin, Julian Hanks, Henry Hill, J. D. Hoppe, Joseph Hobson, H. W. Halleck, L. W. Hastings, J. McH. Hollingsworth, Jas. McHall Jones, Thomas O. Larkin, Francis J. Lippitt, Jacob R. Snyder, W. Scott Sherwood, Wm. C. Shannon, Pedro Sansevain, Abel Stearns, W. M. Steuart, R. Semple, Henry A. Tefft, M. G. Vallejo, Thos. L. Vermule, Joel P. Walker, O. M. Wozencraft.

[Ill.u.s.tration: GOLD ROCKER, WASHING PAN, AND GOLD BORER.]

APPENDIX C.