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Assembly, shall have sole power of impeach- 4 18 Debts, state, limitation to creation of.......
not to extend to first legislature
ART. SEC. 8
.Schedule statement of receipts and expenditures to be published annually with laws. 4 Defalcation. See Embezzlement.... District Attorney, election of, to be provided
16 District Court, judges of, liable to impeachment 4 judges, how elected and term... jurisdiction of (original)...
Bail, excessive, not to be required...
Ballot, all elections to be by.....
Banks, no charter to be granted..
associations may be formed for deposit, etc......
such association not to issue paper to pass as money.
Boundary, of state......
Bribery, person convicted, disqualified for office 11 laws shall be made disqualifying such persons...
disqualifications of persons convicted
District, congressional, senatorial, etc. how formed...
Divorce, shall not be granted by the legislature 4 18 Education.
Election, who entitled to vote at...
voter privileged from arrest..
exempt from military duty on day of election
residence not to be affected by presence
Cities and Villages, provision to be made for incorporating, and restricting taxation, debts, etc.....
Clerks, of supreme court, election of, to be provided for....
county clerk, election to be provided for......
county clerk ex officio clerk of district
Commissions, form of..
Controller of State, liable to impeachment....... 4 how chosen, term of office and eligibility......
how chosen and elected..
Conciliation, tribunals for.....
Congressional Districts, how formed.
Constitution, mode of amending..
mode of revising and changing......... 10
who entitled to vote on adoption of, Do.
of the United States.........Schedule
Contracts, obligation of, not to be impaired...... 1 existing, not to be affected... Schedule Coroner, election of, to be provided for........... Corporations, how formed..
or absence in employ of government who not entitled to vote at............... to be by ballot.....
by legislature, to be viva voce and entered on journal....
free suffrage, to be supported by laws regulating
laws shall be passed prohibiting
bribery, tumult, undue influence, etc. at...
plurality to elect...
who entitled to vote at first..Schedule
Executive Department, supreme executive power vested in the governor.
Ex post facto law, forbidden...
Governor, may convene the legislature by proclamation
shall communicate, by message, to the legislature, annually, the condition of the state, etc......
may adjourn the legislature in case of disagreement between the two houses
no person holding office under the United States or this state to exercise the office of.....
shall have power to grant reprieves and pardons...
may suspend execution of sentence
shall report to legislature the reprieves
shall have power to call out militia, etc 7
Grants, form of......
Husband and Wife, property of, how held...... 11 14
provided for. See Marriage
Impeachment, how tried.
who liable to.................
cases of fraud...
limitation of powers as to creation of debts
Imprisonment for Debt, forbidden, unless in
Indictment, person not to be held to answer for capital offense, unless on. prosecutions, in what name to be conducted...
Intellectual Improvement, to be encouraged.... Judicial Department, power where vested.... tribunals for conciliation may be established, powers, etc.....
causes to be removed...........Schedule Judicial Decisions, provision to be made for their publication
free for publication to any person..
Judges, not to receive fees to their own use.... compensation of, not to be increased or diminished during term.... ineligible to other office during the term for which elected....
members privileged from arrest..... exemption from civil process....
vacancies, how filled.....
doors of each house to be open, except
when secrecy is required.
PROCLAMATION TO THE PEOPLE OF CALIFORNIA.
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 have given to the measures of his administration. The principal 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: H. W. HALLECK, Brevet Captain and Secretary of State.
[ORDERS NO. 41.]
HEAD-QUARTERS TENTH MILITARY DEPARTMENT,
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.
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, shall never 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 highways, 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.
TO PROVIDE FOR THE PUBLICATION OF THE GENERAL LAWS OF THIS STATE, IN FORCE AT
The people of the state of California, represented in senate and assembly, do enact as follows:
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.