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 assemhly shall think it necessary to revise or change this entire constitution, they shall recommend to the electors, at the next election for members of the legislature, to vote for or against a 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. The constitution that may have been agreed upon and adopted by such convention, shall be submitted to the people, at a special election, to be provided for by law, for their ratification or rej ection; each voter shall express his opinion by depositing in the ballot-box a ticket, whereon shall be written or printed, the words " for the new constitution," or " against the new constitution." The returns of such election shall, in such manner as the convention shall direct, be certified to the executive of the state, who shall call to his assistance the controller, treasurer and secretary of state, and compare the votes so certified to him. If, by such examination, it be ascertained that a majority of the whole number of votes cast at such election, be in favor of such new constitution, the executive of this state shall, by his proclamation, declare such new constitution to be the constitution of the state of California.—[Am. Nov. 4, 1856.]



Section 1. The first session of the legislature 6hall be held at the Pueblo de San Jo6e; which place shall be the permanent Beat 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.1

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 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 those supervisors shall jointly and individually perform such duties as may be prescribed by law.

Sec. 6. All officers whose election or appointment is not pro

1 This section places the location of the capital in the discretion of the legislature, and it is not subject to the control of the Judiciary. People T. Bigler, 9 Cal. 28.

vided for by this constitution, and all officers whose offices may be hereafter 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.1

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 snch restrictions and regulations a6 the legislature may prescribe.

Sec. 10. The credit of the 6tate 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 Bhall 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 afterward 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

1 People ex rel. Finlcy «. Jewctt, Joly T, 185*. People v. Reld, Id.

* This sectiun was adopted as a pledge of security to the native Inhabitants. People tt. Coleman, 4 Cal. 46. It applies only to direct taxation on property. People p. Naglee, 1 Cal. 232.

a That the same property Is taxed In another state is no frround why it should not be taxed In Cal fbrrla. when it is within the limits of the latter state, llintnra c. Hays, 2 Cal. 890. •

passed providing for the registration of the wife's separate property.

Seo. 15. The legislature shall protect by law, from forced sale, a certain portion of the homestead and other property of all heads of families.1

Seo. 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.



The boundary of the state of California shall be as follows:— Commencing at the point of intersection of forty-second 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 twentieth degree of west longitude until it intersects the thirty-ninth degree of north latitude; thence running in a

[ocr errors]

straight line in a south-easterly 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 forty-eight; thence running west and along said boundary line to the Pacific Ocean, and extending therein three Engbsh miles; thence running in a north-westerly direction 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. Ako all the islands, harbors and bays, along and adjacent to the coast.


Section 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 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 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.

« ForrigeFortsett »