Page images


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all laws in force at the time of the adoption of this constitution, and not inconsistent therewith, until altered or repealed by the Legislature, shall continue as if the same had not been adopted.

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.

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that no inconvenience may result to the public service from the taking effect of this constitution, no office shall be superseded thereby, nor the laws relative to the duties of the several officers be changed, until the entering into office of the new officers to be appointed under this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.

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.

6. 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.

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 seve. ral 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 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 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.

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.

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.

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.

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,

11. The Legislature at its first session shall elect such officers as may be ordered by tbis 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 goverpor after his installation into office.

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.

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.

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 aud 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.

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 donble the pay 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.

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.

of a

[blocks in formation]


De Tocqueville's American Institutions.


BY ALEXIS DE TOCQUEVILLE. WITH NOTES, BY HON. JOIN C. SPENCER. -- 1 vol. 8vo. This book is the first part of De Tocqueville's larger work, on the Republic of America, and is one of the most valuable treatises on American politics that has ever been issued, and should be in every library in the land. The views of a liberalininded and enlightened European statesman upon the working of our country's social and political establishments, are worthy of attentive perusal at all times; those of a man like De Tocqueville have a higher intrinsic value, from the fact of his residence among the people he describes, and his after position as a part of the republican government of France. The work is enriched likewise with a preface, and carefully prepared noles, by a well-known American statesman and late Secretary of the Navy. The book is one of great weight and interest, and is admirably adapted for the district and school library as well as that of the private student. It traces the origin of the Anglo-Americans, treats of their social condition, its essential democracy and political consequences, the sovereignty of the people, etc. It also embraces the author's views on the American system of townships, counties, &c.; federal and state powers; the judiciary ; the constitution; parties ; the press; American society ; power of the majority, its tyranny, and the causes which mitigate it; trial by jury; religion; the three races; the aristocratic party ; causes of American commercial prosperity, etc., etc. The work is an epitome of the entire political and social condition of the United States.

“ M. De Tocqueville was the first foreign author who comprehended the genius of our institutions, and who made intelligible to Europeans the complicated machinery, wheel within wheel, of the state and federal governments. This Democracy in America' is acknowledged to be the most profound and philosophical work upon modern republicanism ihat bus yet appeared. It is characterized by a rare union of discernment, reflection, and candor; and though occasionally tinged with the author's pecurities of education and faith, it may be accepted as in the main a just and impartial criticisin upon the social and political features of the Cnited States. The pube Iishers have now sought to adapt it as a text-book for higher seminaries of learning. For this purpose they have published the first volume as an independent work, thus avoiding ihe author's speculations upon our social habite and religious condition. This volume, however, is unmutilated-the author is left throughout to speak for himself; but where at any point he had inisupprehended our system, the defeci is supplied by notes or paragraphs in brackets from the pen of one most thoroughly versed in the history, the legislation, the administration, and the jurisprudence of our country. This work will supply a felt deilciency in the educational apparatus of our higher schools. Every man who pretends to a good, and much more to a liberal education, should master the principles and philosophy of the institutions of his country. In the hands of a judicious iencher, this voluino will be an admirable text-book."- The Independent.

*** Having had the honor of a personal acquaintance with M. De Tocqueville while he was in this country; having discussed with him many of the topics treated of in this book; having entered deeply into the feelings and sentiments which guided and inpelled him in his task, and having formed a high admiration of bis character and of this production, the editor felt under some obligation to aid in procuriny for one whom he ventures to call his friend, a hearing from those who were the objects of his observations. The notes of Mr. Spencer will be found to elucidate occasional misconcoptions of the translator. It is a most juclicious text-book, and ought to be read carefully by all who wish to know this country, and to trace its power, position, and wtimate destiny from the true source of philosophie government, Republicanism--the people. De Tocqueville, believing the destinies of civilization to depend on the power of the people and on the principle which so grandly founded an exponent on this continent, analyzes with jealuus care and peculiar critical acuinen the tendencies of the new Democracy, and candidly gi as approval of the new born giant, or points out and warns him of dangers which his faithful and independent philosophy foresees. We believe the perusal of his obeervations will have the effect of enhancing still more to his American readers the structure of their government, by the clear and profound style in which lic presents it."- American Review


De Tocqueville's

Great Work on America.



“This sterling work on the genius of the Political Institutions of the United States has long been regarded as a classical production. The London Times, among nu merous other high critical authorities, pronounces it the most profoundly philosophica and able work ever written on the subject of which it treats. Similar distinguished praise is awarded to it as an clucidation of the theory of the Democratic principle, and the mode of its practical operation in America. This erudite work, by M. do Tocque ville, has attracted great attention throughout Europe, as well as this country, wher, it is appealed to as the standard authority on the subject.”

* M. De Tocqueville shows himself to be an orixinal thinker, an acute observer, ang an eloquent writer. We regard his work as by far the most philosophical, ingenious and instructive which has been produced in Europe on the subject of America. Then is no eulogy in it, no detraction; but throughout a manly love of truth. The observa tions of the author uniformly discover a high degree of acuteness and discrimination This valuable work cannot be read either in Europe or America without working nex and profitable trains of thought."- Vorth American Review.

* DI. De Tocqueville's able volumes have conferred upon him the highest rank as a political writer; his practical observations have been tested by the most competent judges-the Americans and the English ; and his speculative inquiries have been applauded and cited by the first statesmen of the age, whiist they have taken their place amongst the most valuable results of modern political science. But the language of panegyrie is not requireu to draw attention to this book, or to enhance its value; we only trust that it may be as generaiiy and profitably siudied as it has been wisely and conscientiously written."-British and Foreign Quarterly Rerici.

"De Tocqueville's great work on the l'vited States has received universal cornmendation. ...

After the French Revolution of 1830, De Tocqueville cime to the determination to visit the United States, study our institutions of government, and report the results of his investigations. He had a di-tinct conception of the derrocrctic principle. It was his aim to discover the manner of its embodiment, and the practical illustration given to it by our institutions. He examined the structure of government, in all its parts, as it here exists; in its legislative, executive, and judicial forms; and in all its grades of operation, from that of the federal government of the Union, down to those little communities, the townships; and including, of course, the state govern ments, and the organizations of counties, cities, and towns. He investigated the character of each of these distinct organizations, and the nature and extent of the powers confided to each of them. A profound adiniration was awakened for the author, at the extent of his research, his philosophical depth and fidelity to truth, his cool candor, and his patriotic devotion to the democratic theory of government. So writer, beiore or since, has made so profound an analysis of our institutions as De Tocqueville. The whole machinery of government is reviewed by him, and a critical examinction is made of its structure, its operations, its excellences, and its devecis. No library should be without De Tocqueville; no class should leave a collea or a high school until they have taken their first great lesson in democray, (using the woru in no party senso,) from the profound tachin grof De Tocqueville."— Worcester Palladium

« PreviousContinue »