Imágenes de páginas

within the power of the Legislature to validate and
confirm contracts made in good faith, but not in the
precise mode prescribed by existing laws.

SEC. 15. The Legislature shall protect by law from Homo

steads. forced sale a certain portion of the homestead and other property of all heads of families.

NOTE.-An Act making the failure to file for record a declaration of homestead a forfeiture of the homestead right, is not unconstitutional.-Noble vs. Hook, 24 Cal., p. 638.

Sec. 16. No perpetuities shall be allowed except for Perpetui

ties. eleemosynary purposes.

Sec. 17. Every person shall be disqualified from hold- Bribes. ing 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, Suffrage,

jury, and serving on juries, and from the right of suffrage, those ballot box

protected. 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 a lequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice.

SEC. 19. Absence from this State on business of the Residence. 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 Plurality shall constitute a choice, where not otherwise directed in tbis Constitution.

tion of

SEC. 21. All laws, decrees, regulations, and provisions Publicawhich from their nature require publication shall be pub- laws, etc. lished in English and Spanish.



SECTION 1. Boundary of the State defined. Boundary SECTION 1. The boundary of the State of California of the State detined. shall be as follows:

Commencing at the point of intersection of fortysecond degree of north latitude with the one hundred twentieth degree of longitude west from Greenwich, and running south on the line of said one hundred twen. tieth degree of west longitude until it intersects the thirty-ninth 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 thirty-fifth 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 thirtieth, one thousand eight hundred and fortyeight; thence, running west and along said boundary line, to the Pacific Ocean, and extending therein three

English miles; thence, running in a northwesterly direc• tion and following the direction of the Pacific Coast, to

the forty-second degree of north latitude; thence, on the line of said forty-second degree of north latitude, to the place of beginning. Also, all the islands, harbors, and bays along and adjacent to the coast.



SECTION 1. Mexican laws in force.

2. Removal of causes.
3. Change of Government.
4. Residence necessary to hold office.
6. Who are voters at the first election.
6. Constitution to be submitted to vote of the people. Elec-

tion, returns, canvass, and proclamation.
7. Transmission to Congress.

SECTION 8. Election of officers.

9. Meeting of Legislature.
10. Report of canvassers.
11. Election by Legislature of United States Senator.
12. Application for admission into the Union.
13. Installation of officers.
14. Apportionment of representation.
15. Salaries of State officers till fixed.
16. Eighth Article does not apply to expenditures of the first


SECTION 1. All rights, prosecutions, claims, and con- Mexican

laws in tracts, as well of individuals as of bodies corporate, and all force. 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.

of causes.

Sec. 2. The Legislature shall provide for the removal 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 Change of

Governthe public service from the taking effect of this Constitu- ment. tion, 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 Constitution.



SEC. 4. The provisions of this Constitution concerning Residence the term of residence necessary to enable persons to hold 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 Voters at voter by this Constitution, and every citizen of the election. 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


Constitu- election to be held on Tuesday, the thirteenth day of tion to be submitted. November next. The Executive of the existing Govern

ment 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 Prefects, Sub-Prefects, 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 vote 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 elecReturns, tion the Judges and Inspectors shall carefully count

each ballot, and forth with 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 Canvass. 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 elec


tion, 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 ascertain- Proclamaing 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.

sion to

Sec. 7. If this Constitution shall be ratified by the Transmispeople of California, the Executive of the existing Gov. Congross. ernment 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 Election

of officers. thirteenth day of November next, there shall be elected a Governor, Lieutenant Governor, members of the Legis. lature, and also two members of Congress.

Sec. 9. If this Constitution shall be ratified by the Meeting of

Legislapeople of California, the Legislature shall assemble at turs. 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 Roport of 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, it 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 Election of elect such officers as may be ordered by this Constitution Statos 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.

55_VOL. II.-POL.



« AnteriorContinuar »