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ART. SEC. Assembly, shall have sole power of impeach- 4 18 Debts, state, limitation to creation of..... 8 ment, number of....

4 29

not to extend to first legisla-
districts, how formed..

ture ...

..Schedule 16 Associations, for deposit of gold and silver may

statement of receipts and expenditures be formed.


to be published annually with laws. 4
not to issue paper to circulate as money 4 34 Defalcation. See Embezzlement...
to be ited by law from banking,

District Adorney, election of, to be provided

for ....

6 Attainder, bill of, prohibited..

1 16 District Court, judges of, liable to impeachment 4 19 Attorney-General, liable to impeachment.... 4 19

judges, how elected and term ............

6 5 how chosen, term and eligibility 5 18

jurisdiction of (original)..

6 6 how chosen...

5 20

in criminal cases and issues of fact Bail, excessive, not to be required...

1 6

from probate court, unlimited...... 6 6 all persons entitled to exception......

1 7

county clerk ex officio clerk of......... 6 1 Ballot, all elections to be by...

2 6

time and place of holding to be proBanks, no charter to be granted...

4 34
vided for....

6 10 associations may be formed for de

compensation of judge not to be in-
posit, etc.....

4 34
creased or diminished during term.. 6

15 such association not to issue paper to

judge ineligible to any other office
pass as money.

4 34
during term..

6 16 Boundary, of state.

12 District, congressional, senatorial, etc. how Bribery, person convicted, disqualified for office 11 17


4 30 laws shall be made disqualifying such

Divorce, shall not be granted by the legislature 4 persons.... 18 Education

9 disqualifications of persons convicted

Election, who entitled to vote at....

11 18
voter privileged from arrest...

2 3 Census, to be taken in 1852 and 1855, and every

exempt from military duty on day of
ten years thereafter...

4 28

2 3 Cities and Villages, provision to be made for

residence not to be affected by presence incorporating, and restricting taxa

or absence in employ of government

2 4 tion, debts, etc....

who not entitled to vote at...............

2 5 Clerks, of supreme court, election of, to be

to be by ballot...

2 6 provided for...

6 7

by legislature, to be viva voce and encounty clerk, election to be provided

tered on journal.....

3 for..

6 7

free suffrage, to be supported by laws county clerk ex officio clerk of district


11 11 court

6 7

laws shall be passed prohibiting Commissions, form of.....

5 15

bribery, tumult, undue influenco, Controller of State, liable to impeachment... 4 19

etc. at..

11 18 how chosen, term of office and eligi

plurality to elect......

11 20 bility...

5 18

who entitled to vote at first..Schedule 5 how chosen and elected..

5 20

for adoption of the constitution, how
compensation of.......

5 21
conducted ...


6 Conciliation, tribunals for....

officers to be elected at first.........Do.

8 Congressional Districts, how formed...... 4 30 Electors, qualification of....

2 Constitution, mode of amending....

privileged from arrest..

2 2 mode of revising and changing.....

10 2

oxempt from militia duty on day of effect of....


election ......

2 3 who entitled to vote on adoption of, Do. 5

who disqualified from being...

2 5 when and how submitted to people, Do. 6 Embezzlement, to be punished as a felony........ 4 copy to be forwarded to the president

person guilty of, incapacitated from of the United States .........Schedule 7

holding office.. certified copy to be furnished senators

Executive Department, supreme executive
and representatives in congress..Do.

er vested in the governor................

5 1 Contracts, obligation of, not to be impaired...... 1 16 Es post facto law, forbidden..

1 16 existing, not to be affected...Schedule 1 Fces, not to be received by certain officers to Coroner, election of, to be provided for..... 6 7

their own use...

5 21 Corporations, how formed.

4 31

not to be received by judicial officers, laws creating may be altered or re

except justices of the peace.......... 6 11 pealed.... 4 31 Fines, excessive, not to be imposed

1 6 dues from, how secured... 32 Fiscal Year, to commence July first...

11 8 definition of.....


33 Foreigners, rights of property of, secured... 1 17 right to sue, etc..

banking prohibited..

33 Forgery, disqualifications of persons convicted
4 34

11 18 to be prohibited by law from banking

Governor, may convene legislature by procla-
and issuing paper money..


2 liability of stockholders...

4 36

to issue writs of election to fill vacanmunicipal, to be restricted in the

cies in legislature.............

13 power of taxation, contracting debts,

to approve all laws...

4 17 etc........

4 37
liable to impeachment..

4 19 state shall not be stockholder in........ 11 10

supreme executive power vested in.... 5 1 County Court, election of judge of, term of

how and when elected, and term of
office, duties, etc.....

6 8
office ...

5 jurisdiction

6 9
qualifications of..

5 compensation of judge not to be in

returns of election for, how made and creased or diminished during term.. 6 15


5 County Governments, system of, to be estab

plurality to elect

5 lished

11 4

in case of tie, legislature to elect....... 5 4 Court of Sessions, how composed............. 6 8

shall be commander-in-chief....

5 5 jurisdiction, duties, etc...

6 8

shall transact all executive business Courts, causes to be removed to courts cre

with the officers of government, etc. 5 6 ated



may require information, in writing, Credit of State, not to be loaned, etc...

11 10

from the officers on any subject reCrime, rights of persons charged with..

1 8
lating to their duties...

5 6 disqualifications of persons convicted

shall see that the laws are faithfully
of certain ....

11 18

5 7 existing prosecutions not af

shall have power to fill vacancies in
.......Schodule 1

5 8

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ART. SEC. Gorernor, may convene the legislature by pro Legislative Department, vested in senate and clamation

5 9

shall communicate, by message, to the

sessions to be annual.

4 2 legislature, annually, the condition

may be convened by governor.

4 2 of the state, etc.......

5 10

each house to choose its own officers may adjourn the legislature in case of

and judge of the election of its disagreement between the two


4 8
houses ......

5 11
quorum to do business

4 9
no person holding office under the

each house to determine the rules of United States or this state to exer

its proceedings......

4 10
cise the office of........

5 12
how member may be expelled......

shall have power to grant reprieves

each house to keep and publisha
and pardons..

5 13

4 11
may suspend execution of sentence

apportionment of members of...... 4 29
for treason...

5 13
shall prohibit banking, by law

4 35
shall report to legislature the reprieves

in all elections by vote, to be viva voce 4 38
and pardons granted...

5 13
may be convened by governor

5 9
liegtenant-governor to perform duties

shall establish a system of county and
of, in certain contingency..

5 17
town governments..

11 4
compensation of.......


power to provide for board of supershall have power to call out militia, etc 7


115 Grants, form of.....


when and where first to assemble and Habeas Corpus......

1 5

..Schedule 9
may be issned by judges of supreme,

returns of first election to be laid bedistrict and county courts...

6 4

fore each house........ .Schedule 10 Homestead, shall be protected....

11 15
to elect officers

.......Do. 11 Kustand and Wife, property of, how held...... 11 14

to elect United States senators ......Do. 11 laws shall be passed clearly defining

apportionment of

....Do. 14 the rights of the wife, etc... 11 14

pay of members


15 registration of wife's property to be

limitation of powers as to creation of provided for. See Marriage. 11 14

debts ...

8 Impeachment, how tried


such limitation not to apply to first
who liable to......

4 19

Schedule 16
judgment on..


members privileged from arrest....... 4 12 Imprisonment for Debt, forbidden, unless in

exemption from civil process.........

cases of fraud

1 15
vacancies, how filled...

4 13 Indictment, person not to be held to answer for

doors of each house to be open, except
capital offense, unless on....

1 8
when secrecy is required..

4 14
prosecutions, in what name to be con-

neither house shall adjourn without ducted.......

6 18

consent of the other, for more than Intelectual Improvement, to be encouraged...... 9 2

three days, etc.....

15 Judicial Department, power where vested... 6 1

nor to any other place

4 15 tribunals for conciliation may be es

any bill may originate in either
tablished, powers, etc.....

6 13
house, etc......

causes to be removed...........Schedule 2

no bill to become a law till approved Judicial Decisions, provision to be made for

by the governor

4 17 their publication ....

6 12

bill not returned by governor within
free for publication to any person.

ten days to become a law......

4 17 Judges, not to receive fees to their own use 6 11

assembly to have sole power of imcompensation of, not to be increased


18 or diminished during term... 6 15

senate to try all impeachments.... 4 18 ineligible to other office during the

member not to be appointed to office
term for which elected.....

6 16
created during his term..

4 20
not to charge juries relative to mat-

members to receive a fixed compensaters of fact...


tion, not to be increased during their Jury, right of trial by, secured....


4 24
no person to be held to answer for

every law to embrace but one obcapital crime unless on present


4 25 ment, etc.....

1 8

no law to be amended by reference to
charge to, how to be made..

6 17
the title.....

4 25
persons convicted of certain crimes

basis of representation in....

4 28
disqualified from......
11 18 Libel, evidence on indictment for...

1 Justices of the Pace, number, powers, duties, Lieutenant-Governor, liable to impeachment... 4 19 etc., to be fixed by law.

6 14
when and how elected..

5 16
appeals from, to be fixed by law........ 6 14

term of office...

laws, to have
uniform operation.

1 11
powers and duties.

5 16
er post facto, forbidden.

1 16

5 16
impairing obligations of contracts for-

in case of incapacity to perform duties bidden

1 16

or absence from state, president of
bill of attainder, forbidden.....

1 16
senate to act.........

5 16
enacting clause of...

4 1

compensation of, not to be increased
must be approved by governor.......... 17

or diminished during term....... 5 21
how passed over governor's veto.... 4 17 Lottery, shall not be authorized, nor the balo
how bill may become a law without

of tickets...

27 approval of governor.

17 Marriage, contract of, not to be invalidated for statement of receipts and expenditures

want of conformity to any religious of public moneys to be published


11 12 annually with....


property of wife at, to be her separate every law to embrace but one object,


11 14 etc....


laws shall be passed clearly defining no law to be revised or amended by

the rights of wife, etc. See Hus-
reference to the title...

4 25
band and Wife.......

11 14
provision to be made for speedy pub- Military, to be subordinate to civil power...... 1 12
lication of......

free to be published by any person.... 6

standing army not to be kept in time
of peace,

1 12 existing, not in conflict with constitu

appropriation for standing army not tion, not affected.............. Schedule 1

to be for longer than two years, in to be published in English and Spanish 11 21

time of war ........

1 12









ART. SEC. Müitary, soldier not to be quartered in house Secretary of State, duties of.......

5 19 without consent of owner....

1 13

compensation of, not to be increased governor to be commander-in-chief.... 5 5

or diminished, etc.....

5 21 provision to be made for organizing

Senators, to be qualified electors
and disciplining militia..

7 1
chosen for two years......

4 5 officers to be appointed as legislature

must be citizen of the state one year, may direct, and commissioned by

and of the district six months...

5 governor....

7 2
number of

4 6 governor to have power to call out, for

to be divided by lot into two classes... 6 certain purposes....

7 3
one-half chosen annually....

4 6 Moneys, Public, statement of receipts and ex

the two classes to be kept as nearly penditures to be published annually

equal as possible........

7 with laws....

to try all impeachments..........

4 18 Moral improvement, to be encouraged

9 2
number of.....

4 Oath of Office, form of.....

11 3
districts, how formed.

30 Office, member of legislature not to be ap

in congress, when first to be elected... pointed to any civil office of profit

Schedule 11 created during his term ......

4 20

to be furnished with copies of the conperson holding lucrative office under


..Schedule 12 the United States, etc. to be ineligi- Sherifi, election of, to be provided for............ 6 7 ble to...... 4 21 Slavery, forbidden-exception.......

1 18 person convicted of embezzlement, etc.

Spanish language, laws, etc. to be published in 11 21 to be ineligible to......... 22 Speech, liberty of, secured...

1 9 vacancies in, to be filled by governor..

5 8 Suffrage, free, to be supported by law............ 11 18 oath of........

11 3
right of, who entitled to..

2 1 duration of...


persons convicted of certain crimes person convicted of giving or offering

disqualified from....

11 18 bribe, disqualified from...... 11 17 Suits against State, how brought......

11 11 laws shall be made disqualifying per

Superintendent of Public Instruction, election, sons convicted of certain crimes..... 11 18

term, duties and compensation... 9 1 Officers, who impeachable.......


19 Supervisors, board of, may be created.... 11 5 how tried for misdemeanors...


duties, to be prescribed by law........ 11 5
certain, not to receive fees for official Supreme Court, justices of, liable to impeach-

5 21

19 how elected or appointed......

11 6
how composed....

6 2 to be supported by county, city, town,

quorum, for business...

6 etc....

11 9
justices, how and when elected..

6 existing, when superseded....Schedule 3

same, term of office of.....

6 term of residence not to apply to

kame, to be classified...

6 3 certain ....


same, senior to be chief justice

3 to be elected at first election ........Do. 8

appellate jurisdiction....

6 when to be installed.....

.Do. 13
power to issue certain writs.

6 Pardons, may be granted by governor.... 5 13

shall be conservators of the peace......

6 Perjury, disqualifications of persons convicted 11 18

clerk of, election of....

6 7 Perpetuities, not allowed-exception.......... 11 16

time and place of holding, to be proPetition, right of, secured...

1 10
vided for ...

6 10 Power, political, inherent in the people

1 2

compensation of justices not to be inPowers of Government, distribution of.......... 3 1

creased or diminished during term.. 6 15 President of Senate, to perform duties of gov

justices ineligible to any other office ernor in certain contingency

5 16

during term for which elected........ 6 16 Press, liberty of, secured...... 1 9 Taxation, to be equal and uniform.....

11 13 Process, style of..

6 18

on property, to be according to value. 11 13 Property, private, not to be taken for public

assessors and collectors, how elected.. 11 13 use, without just compensation....... 1 8 Town Governments, to be established as nearly Prosecutions, existing, not affected.... Schedule 1

uniform as possible throughout tho Punishment, cruel or unusual, forbidden... 1 6


11 4 Religion, freedom of, secured. 1 4 Treasurer of State, liable to impeachment

19 not to render witness incompetent..... 1

how chosen, term and eligibility.

5 18 licentiousness, not allowed...

1 4
how chosen and elected...

5 20 Representation, to be apportioned according to

compensation of, not to be increased or

1 14
diminished during term....

5 21 Residence, for the purpose of voting, what not Treasury, no money to be drawn from, but by to affect....

2 4

23 absence from state on business of state,

an accurate statement of receipts and not to affect....

11 19

expenditures to be published annu-
term of, not to apply to certain offi-

ally, with the laws....
Schedule 4

members of legislature to be paid out Rights, natural

1 1

enumeration of, not to impair others
Trial, rights of accused....

1 8 retained

1 21

no person to be twice tried for the existing, not to be affected... Schedule 1

same offense.....

1 8 Salaries, of governor and lieutenant-gov

nor compelled to be witness against
...... Schedule 15

1 8 pay of members of the legislature..Do. 15

nor deprived of life, liberty, etc. withof certain officers, to be fixed by legis

out due process of law....

1 8 lature......

....Schedule 15 University, fund for support of............... 9 Schools, fund for support of..... 9 2 Voter, qualifications of......

2 1 provision to be made for system of

residence of, what not to affect......... 2 common...

9 3
who not entitled to be........

2 5 Scientific improvement, to be encouraged...... 9 2

in all elections by legislature, vote to Searches, etc. security against, provided for...... 1 19

be viva voce and entered on journal 4 38 warrant for, when to issue............. 1 19

person convicted of certain crimes Seat of Government, where located...

11 1
disqualified as....

18 Secretary of State, liable to impeachment 4 19 Veto, of governor....

17 how chosen, term and eligibility. 5 18 Witness, not to be unreasonably detained....... 1 6 appointed by the governor, by and

Yeas and Nays, when to be entered on jourwith the advice, etc. of the senate... 5 19



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A NEW executive having been elected and installed into office, in accordance with the provisions of the constitution of the state, the undersigned hereby resigns his powers as governor of California. In thus dissolving his official connection with the people of this country, he would tender to them his heartfelt thanks for their many kind attentions, and for the uniform support which they bave given to the measures of his administration. The prin. cipal object of all his wishes is now accomplished—the people have a government of their own choice, and one which, under the favor of divine Providence, will secure their own prosperity and happiness, and the permanent welfare of the new state. Given at San José, California, this 20th day of December, A. D. 1849.


Brevet Brigadier-General U. S. A., and Governor of California. By the Governor: I. W. HALLECE, Brevet Captain and Secretary of State.

[ORDERS No. 41.]


San José, California, Dec. 20, 1849. 1. The brigadier-general commanding the department has this day relinquished the administration of civil affairs in California, to the execution of the government organized under the provisions of the constitution, ratified by the people of California at the recent general election.

2. Brevet Captain H. W. Halleck, corps of engineers, is relieved from duty as secretary of state.

By order of

GENERAL RILEY. ED. U. S. CANEY, Assistant Adjutant-General.

AN ACT FOR THE ADMISSION OF THE STATE OF CALIFORNIA INTO THE UNION. WHEREAS, the people of California have presented a constitution, and asked admission into

the Union, which constitution was submitted to congress by the president of the United States, by message dated February thirteenth, eighteen hundred and fifty, and which, on due examination, is found to be republican in its form of government: Be it enacted, by the senate and house of representatives of the United States of America, in congress assembled, That the state of California shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever.

SEC. 2. And be it further enacted, That, until the representatives in congress shall be apportioned, according to an actual enumeration of the inhabitants of the United States, the state of California shall be entitled to two representatives in congress.

Sec. 3. And be it further enacted, That the said state of California is admitted into the Union upon the express condition that the people of said state, through their legislature or otherwise, sball neser interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned; and that they shall never lay any tax or assessment of any description whatsoever upon the public domain of the United States, and in no case shall non-resident proprietors, who are citizens of the United States, be taxed higher than residents; and that all the navigable waters within the said state shall be common bighways, and forever free, as well to the inhabitants of said state as to the citizens of the United States, without any tax, impost or duty therefor; provided, that nothing herein contained shall be construed as recognizing or rejecting the propositions tendered by the people of California as articles of compact in the ordinance adopted by the convention which formed the constitution of that state. APPROVED September 9, 1850.


THE EXPIRATION OF THE EIGHTH SESSION OF THE LEGISLATURE. The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. That if W. H. R. Wood shall add to his present manuscript compilation of the laws of this state, all laws of a general nature passed at the eighth session of the legislature, and shall expunge therefrom all laws repealed at said session, and shall then cause said compilation to be printed and bound in a workmanlike manner, equal to the now existing compilation of the laws of this state, then the secretary of state shall receive from said Wood five hundred copies of his said compiled laws, and upon the production, before the board of examiners and the controller, of the secretary of state's receipt for such five hundred copies, the board of examiners shall audit for and allow to the said Wood the sum of five thousand dollars, for which sum the controller shall draw his warrant on the treasurer.

SEC. 2. The sum of five thousand dollars is hereby set apart and appropriated out of any moneys in the general fund, not otherwise appropriated, for the purpose of paying the warrant or warrants drawn by the controller under the provisions of this act.

SEC. 3. Within six months from the adjournment of the present session of the legislature, said Wood shall complete and publish his compilation of the laws as contemplated by this act, and shall present the same to the board of examiners created by an act entitled "An act to provide for the better protection of the State Treasury," approved April sixteenth, one thousand eight hundred and fifty-six; which said board shall examine the same, and require their approval and certificate that such compilation of the laws is in accordance with the require ments of this act, and contains all the general laws in force; then the controller of state shall issue his warrant or warrants, as is provided for in section first; but the controller shall not issue such warrants until there is money in the treasury for the payment of the same; provided, that before said board of examiners shall give their approval, said Wood shall present the certificate of the secretary of state, that the laws contained in his compilation are true copies of the original laws on file in his office.

Sec. 4. Said compilation, when published as herein provided, shall be received as evidence of the law, in all the courts of justice in this state.

APPROVED April 18th, 1857.


R. A........
R. S...........

..Repealed Act. Am.
.Repealed Section. A. S.......

.......... Statutes. C. L.........

Amendment. .....Additional Section,

..Compiled Laws of 1853. ......Inserted.


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