Constitution
of the
[1] State of California
We the people of California, grateful to Almighty; God for our freedom: in
order to secure its blessings, do establish this Constitution.
Article I: Declaration of Rights [2]
Sec. 1.
All men are by nature free and independent, and have certain unalienable
rights, among which are those of enjoying and defending life and liberty:
acquiring, possessing and protecting property: and pursuing and obtaining
safety and happiness.
Sec. 2.
All political power is inherent in the people. Government is instituted
for the protection, security and benefit of the people; and they have the
right [3] to alter or reform the same, whenever the public good may
require it.
Sec. 3.
The right of trial by jury shall be secured to all, and remain inviolate
forever; but a jury trial may be waived by the parties, in all civil
cases, in the manner to be prescribed by law.
Sec. 4.
The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed in this
State: [4] and no person shall be rendered incompetent to be a witness on
account of his opinions on matters of religious belief; but the liberty of
consciense, hereby secured, shall not be so construed as to acts of
licentiousness, or justify practices inconsistent with the peace or safety
of this state.
Sec. 5.
The privilege of the writ of habeas corpus [5] shall not be suspended,
unless when, in cases of rebellion or invasion, the public safety may
require its suspension.
Sec. 6.
Excessive bail shall not be required, nor excessive fines imposed, nor
shall cruel or [6] unusual punishments be inflicted, nor shall witnesses be
unreasonably detained.
Sec. 7.
All persons shall be bailable, by sufficient sureties: unless for capital
offenses, when the proof is evident or the presumption great.
Sec. 8.
No person shall be held to answer for a capital or otherwise infamous
crime (except in cases of impeachment, and in cases of militia when in
actual service, and the land and naval forces in time of war, or which
this state may keep with the consent of Congress in time of peace, and in
cases of petit larceny under the regulation of the legislature) unless on
presentment or indictment of a grand jury; and in any trial in any court
whatever, the party accused shall be allowed to appear and defend in
person and with counsel, as in civil actions. No person shall be subject
to be twice put in jeopardy for the same offence; nor shall he be
compelled, in any criminal case, to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor
shall private property be taken for public use without just compensation.
Sec. 9.
Every citizen may freely speak, write, and publish his sentiments on all
subjects, being responsible for the abuse of that right; and no law shall
be passed to restrain or abridge the liberty of speech or of the press.
In all criminal prosecutions on indictments for libels, the truth may be
given in evidence to the jury; and if it shall appear to the jury that the
matter charged as libelous is true, and was published with good motives
and for justifiable ends, the party shall be acquitted: and the jury shall
have the right to determine the law and the fact.
Sec. 10.
The people shall have the right freely to assemble together, to consult
for the common good, to instruct their representatives, and to petition
the legislature for redress of grievances.
Sec. 11.
All laws of a general nature shall have a uniform operation.
Sec. 12.
The military shall be subordinate to the civil power No standing army
shall be kept up by this state in time of peace; and in time of war no
appropriation for a standing army shall be for a longer time than two
years.
Sec. 13.
No soldier shall, in time of peace, be quartered in any house, without the
consent of the owner; nor in time of war, except in the manner to be
prescribed by law.
Sec. 14
Representation shall be apportioned according to population.
Sec. 15
No person shall be imprisoned for debt, in any civil action on mesne [7]
or final process, unless in cases of fraud: and no person shall be
imprisoned for a militia fine in time of peace.
Sec. 16.
No bill of attainder, ex post facto [8] law, or law impairing the
obligation of contracts, shall ever be passed.
Sec. 17
Foreigners who are, or may hereafter become, bona fide [9] residents of
this state, shall enjoy the same rights in respect to the possession,
enjoyment and inheritance of property, as native born citizens.
Sec. 18.
Neither slavery, nor involuntary servitude, unless for the punishment of
crimes, shall ever be tolerated in this state.
Sec. 19.
The right of the people to be secure in their persons, houses, papers and
effects, against unreasonable seizures and searches, shall not be
violated; and no warrant shall issue but on probable cause, supported by
oath or affirmation, particularly describing the place to be searched, and
the persons and things to be seized.
Sec. 20.
Treason against the state shall consist only in levying war against it,
adhering to it enemies, or giving them aid and comfort. No person shall
be convicted of treason, unless on the evidence of two witnesses to the
same overt act, or confession in open court.
Sec. 21.
This enumeration of rights shall not be construed to impair or deny
others, retained by the people.
Article II: Right of Suffrage.
Sec. 1. Every white male citizen of the United States, and every white
male citizen of Mexico, who shall have elected to become a
citizen of the United States, under the treaty of peace exchanged
and ratified at Queretaro, on the 30th. day of May, 1848, of the
age of twenty one years, who shall have been a resident of the
state six months next preceding the election, and the county or
district in which he claims his vote thirty days, shall be
entitled to vote at all elections which are now or hereafter may
be authorized by law: Provided, that nothing herein contained,
shall be construed to prevent the Legislature, by a two thirds
concurrent vote, from admitting to the right of suffrage,
Indians, or the descendants of Indians, in such special cases as
such a proportion of the legislative body may deem just and
proper.
2. Electors shall, in all cases except treason, felony, or breach of
the peace, be privileged from arrest on the days of the election,
during their attendance at such election, going to and returning
therefrom.
3. No elector shall be obliged to perform militia duty on the day of
election, except in time of war or public danger.
4. For the purpose of voting, no person shall be deemed to have
gained or lost a residence by reason of his presence or absence
while employed in the service of the United States; nor while
engaged in the navigation of the waters of this state, or of the
United States, or of the high seas; nor while a student of any
seminary of learning; nor while kept at any almshouse, or other
asylum, at public expense; nor while confined in any public
prison.
5th.[*] No idiot or insane person, or person convicted of any infamous
crime, shall be entitled to the privileges of an elector.
6. All elections by the people shall be by ballot.
Article III: Distribution of Powers.
The powers of Government of the state of California shall be
divided into three separate departments: the Legislative, the
Executive, and Judicial; and no person charged with the exercise
of powers properly belonging to one of these departments, shall
exercise any functions appertaining to either of the others,
except in the cases hereinafter expressly directed or permitted.
Article IV: Legislative Department.
Sec. 1. The legislative power of this state shall be vested in a
senate and assembly, which shall be designated the Legislature
of the state of California; and the enacting clause of every
law shall be as follows: "The people of the state of
California, represented in Senate and Assembly, do enact as
follows."
Sec. 2. The sessions of the legislature shall be annual, and shall
commence on the first monday of January, next ensuing the
election of its members; unless the Governor of the state
shall, in the interim, convene the legislature by
proclamation.
Sec. 3. The members of the Assembly shall be chosen annually, by the
qualified electors of their respective districts, on the Tuesday
next after the first monday in November, unless otherwise ordered by
the legislature, and their term of office shall be one year.
Sec. 4. Senators and members of assembly shall be duly qualified
electors in the respective counties and districts which they
represent.
Sec. 5. Senators shall be chosen for the term of two years, at the
same time and places as members of assembly; and no person
shall be a member of the senate or assembly, who has not been
a citizen and inhabitant of the state one year, and of the
county or district for which he shall be chosen, six months
next before his election
Sec. 6. The number of senators shall not be less than one third, nor
more than one half, of that of the members of assembly; and at
the first session of the legislature after this constitution
takes effect, the senators shall be divided by lot as equally
as may be, into two classes; the seats of the senators of the
first class shall be vacated at the expiration of the first
year, so that one half shall be chosen annually.
Sec. 7. When the number of senators is increased, they shall be
apportioned by lot, so as to keep the two classes as nearly
equal in number as possible.
Sec. 8. Each house shall choose its own officers, and judge of the
qualifications, elections, and returns, of its own members.
Sec. 9. A majority of each house shall constitute a quorum to do
business; but a smaller number may adjourn from day to day,
and may compel the attendance of absent members, in such
manner, and under such penalties as each house may provide.
Sec. 10. Each house shall determine the rules of its own proceedings,
and may with the concurrence of two thirds of all the members
elected, expel a member.
Sec. 11. Each house shall keep a journal of its own proceedings, and
publish the same; and the yeas and nays of the members of
either house, on any question, shall, at the desire of any
three members present, be entered on the journal.
Sec. 12. Members of the legislature shall, in all cases except treason,
felony, and breach of the peace, be privileged from arrest,
and they shall not [10] be subject to any civil process, during
the session of the legislature, nor for fifteen days next
before the commencement and after the termination of each
session.
Sec. 13. When vacancies occur in either house, the Governor or the
person exercising the functions of the Governor, shall issue
writs of election to fill such vacancies.
Sec. 14. The doors of each house shall be open, except on such
occasions as, in the opinion of the house, may require
secrecy.
Sec. 15. Neither house shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in
which they may be sitting.
Sec. 16. Any bill may originate in either house of the legislature, and
all bills passed by one house may be amended in the other.
Sec. 17. Every bill which may have passed the legislature, shall before
it becomes a law, be presented to the Governor. If he approve
it, he shall sign it; but if not, he shall return it, with his
objections, to the house in which it originated, which shall
enter the same upon the journal and proceed to reconsider it.
If, after such reconsideration, it again pass both houses, by
yeas and nays, by a majority of two thirds of the members of
each house present, it shall become a law, notwithstanding the
Governor's objections. If any bill shall not be returned
within ten days after it shall have been presented to him,
(Sunday excepted,) the same shall be a law, in like manner as
if he had signed it, unless the [l]egislature by adjournment,
prevent such return.
Sec. 18. The assembly shall have the sole power of impeachment; and all
impeachments shall be tried by the senate. When sitting for
that purpose, the senators, shall be upon oath or affirmation;
and no person shall be convicted, without the concurrences of
two thirds of the members present.
Sec. 19. The Governor
Lieutenant Governor, Secretary of State, Comptroller
Treasurer, Attorney-General, Surveyor-General, Justices of the
Supreme Court and Judges of the district courts shall be
liable to impeachment for any misdemeanour in office; but
judgment in such cases, shall extend only to removal from
office, and disqualification to hold any office of honor,
trust or profit, under the state; but the party convicted, or
acquitted, shall, nevertheless, be liable to indictment,
trial, and punishment, according to law. All other civil
officers shall be tried, for misdemeanours in office, in such
manner as the legislature may provide.
Sec. 20. No senator, or member of assembly, shall, during the term for
which [11] he shall have been elected, be appointed to any
civil office of profit, under this state, which shall have
been created, or the emoluments of which shall have been
increased, during such term, except such office as may be
filled by elections by the people.
Sec. 21. No person holding any lucrative office under the United
States, or any other power, shall be eligible to any civil
office of profit, under this State: Provided, that officers
in the militia to which there is attached no annual salary, or
local officers and postmasters whose compensation does not
exceed five hundred dollars per annum shall not be deemed
lucrative.
Sec. 22. No person who shall be convicted of the embezzlement, or
defalcation of the public funds of this state, shall ever be
eligible to any office of honor, trust, or profit, under this
state; and the legislature shall, as soon as practicable, pass
a law, providing for the punishment of such embezzlement, or
defalcation, as a felony.
Sec. 23. No money shall be drawn from the treasury but in consequence
of appropriations made by law. An accurate statement of the
receipts and expenditures of the public moneys, shall be
attached to, and published with, the laws at every regular
session of the legislature.
Sec. 24. The members of the legislature shall receive for their
services, a compensation to be fixed by law, and paid out of
the public treasury; but no increase of the compensation shall
take effect during the term for which the members of either
house shall have been elected.
Sec. 25. Every law enacted by the legislature, shall embrace but one
object, and that shall be expressed in the title; and no law
shall be revised, or amended by reference to this title; but
in such case, the act revised, or section amended, shall be
re-enacted and published at length.
Sec. 26. No divorce shall be granted by the legislature.
Sec. 27. No lottery shall be authorized by this state nor shall the
sale of lottery tickets be allowed.
Sec. 28. The enumeration of the inhabitants of this state shall be
taken, under the direction of the legislature, in the year one
thousand eight hundred and fifty two, and one thousand eight
hundred and fifty-five, and at the end of every ten years
thereafter; and these enumerations, together with the census
that may be taken, under the direction of the Congress of the
United States, in the year one thousand eight hundred and
fifty, and every subsequent ten years, shall serve as the
basis of representation in both houses of the legislature.
Sec. 29. The number of senators and members of assembly, shall, at the
first session of the legislature, holden after the
enumerations herein provided for are made, be fixed by the
legislature, and apportioned among the several counties and
districts to be established by law, according to the number of
white inhabitants. The number of members of assembly shall
not be less than twenty four, nor more than thirty-six, until
the number of inhabitants, within this state, shall amount to
one hundred thousand; and after that period, at such ratio
that the whole number of members of assembly shall never be
less than thirty, nor more than eighty.
Sec. 30. When a congressional, senatorial, or assembly district, shall
be composed of two or more counties, it shall not be separated
by any county belonging to another district; and no county
shall be divided, in forming a congressional, senatorial or
assembly district.
Sec. 31. Corporations may be formed under general laws; but shall not
be created by special act, except for municipal purposes. All
general laws and special acts passed pursuant to this section
may be altered from time to time, or repealed.
Sec. 32. Dues from Corporations, shall be secured by such individual
liability of the corporators, and other means, as may be
prescribed by law.
Sec. 33. The term corporations as used in this article, shall be
construed to include all associations and joint-stock
companies [12] having any of the powers or privileges of
corporations not possessed by individuals or partnerships.
And all corporations shall have the right to sue, and shall be
subject to be sued, in all courts, in like cases as natural
persons.
Sec. 34. The legislature shall have no power to pass any act granting
any charter for banking purposes; but associations may be
formed, under general laws, for the deposit of gold and
silver, but no such association shall make, issue, or put into
circulation, any bill, check, ticket, certificate, promissory
note, or other paper, or the paper of any bank, to circulate
as money.
Sec. 35. The legislature of this state shall prohibit, by law, any
person or persons, association, company or corporation from
exercising the privileges of banking, or creating paper to
circulate as money.
Sec. 36. Each stockholder of a corporation, or joint-stock association,
shall be individually and personally, liable for his
proportion of all its debts and liabilities.
Sec. 37. It shall be the duty of the legislature to provide for the
organization of cities and incorporated villages, and to
restrict their power of taxation, assessment, borrowing money,
contracting debts, and loaning their credit, so as to prevent
abuses in assessments and in contracting debts by such
municipal corporations.
Sec. 38. In all elections by the legislature, the members thereof shall
vote viva voce [13] and the votes shall be entered on the
journal.
Article V: Executive Department[*]
Sec. 1.[*] The Supreme Executive power of this State shall be vested
in a chief magistrate, who shall be called the Governor of
the State of California.
Sec. 2.[*] The Governor shall be elected by the qualified electors,
at the time and places of voting for members of assembly,
and shall hold his office two years from the time of his
installation, and until his successor shall be qualified.
Sec. 3.[*] No person shall be eligible to the Office of Governor
(except at the first election) who has not been a citizen
of the United States and a resident of this state two
years next preceding the election, and attained the age of
twenty=five years at the time of said election.
Sec. 4.[*] The returns of every election for Governor shall be sealed
up and transmitted to the seat of Government, directed to
the Speaker of the Assembly, who shall, during the first
week of the Session, open and publish them in the presence
of both houses of the Legislature. The person having the
highest number of votes shall be Governor; but in case any
two or more have an equal and the highest number of votes
the Legislature shall, by joint=vote of both houses,
choose one of said persons, so having an equal and the
highest number of votes, for Governor.
Sec. 5.[*] The Governor shall be commander=in=chief of the militia,
the army and navy of this State.
Sec. 6.[*] He shall transact all executive business with the officers
of Government, civil and military, and may require
information in writing from the officers of the executive
department, upon any subject relating to the duties of the
respective offices.
Sec. 7.[*] He shall see that the laws are faithfully executed.
Sec. 8.[*] When any office shall, from any cause, become vacant, and
no mode is provided by the Constitution and laws for
filling such vacancy, the Governor shall have power to
fill such vacancy by granting a commission, which shall
expire at the end of the next session of the Legislature,
or at the next election by the people.
Sec. 9.[*] He may, on extraordinary occasions convene, the
legislature by proclamation, and shall state to both
Houses, when assembled, the purpose for which they shall
have been convened.
Sec. 10.[*] He shall communicate, by message, to the Legislature, at
every session, the Condition of the State, and recommend
such matters as he shall deem expedient.
Sec. 11.[*] In case of a disagreement between the two houses, with
respect to the time of adjournment, the Governor shall
have power to adjourn the Legislature to such time as he
may think proper; provided it be not beyond the time fixed
for the meeting of the next Legislature.
Sec. 12.[*] No person shall, while holding any office under the United
States, or this State, exercise [14] the office of
Governor, except as hereinafter expressly provided.
Sec. 13.[*] The Governor shall have the power to grant reprieves, and
pardons after conviction, for all offences except treason,
and cases of impeachment, upon such conditions, and with
such restrictions and limitations, as he may think proper,
subject to such regulations as may be provided by law
relative to the manner of applying for pardons. Upon
conviction [15] for treason he shall have the power to
suspend the execution of the sentence until the case shall
be reported to the Legislature at its next meeting, when
the Legislature shall either pardon, direct the execution
of the sentence, or grant a further reprieve. He shall
communicate to the legislature, at the beginning of every
session, every case of reprieve, or pardon granted,
stating the name of the Convict, the crime of which he was
convicted, the sentence and its date and the date of the
pardon or reprieve.
Sec. 14.[*] There shall be a great seal of this state, which shall be
kept by the Governor, and used by him officially, and
shall be called "the great seal of the State of
California".
Sec. 15.[*] All grants and commissions shall be in the name and by the
authority of the people of the State of California, sealed
with the great seal of the State, signed by the Governor
and countersigned by the secretary of [16] State.
Sec. 16.[*] A Lieutenant Governor shall be elected at the same time
and places, and in the same manner as the Governor; and
his term of Office, and his qualifications of eligibility,
shall also be the same. He shall be President of the
Senate, but shall only have a casting vote therein. If,
during a vacancy of the office of Governor, the Lieutenant
Governor shall be impeached, displaced, resign, die or
become incapable of performing the duties of his Office,
or be absent from the State, the President of the Senate
shall act as Governor, until the vacancy be filled, or the
disability shall cease.
Sec. 17.[*] In case of the impeachment of the Governor, or his removal
from office, death, inability to discharge the powers and
duties of the said office, resignation or absence from the
state, the powers and duties of the office shall devolve
upon the Lieutenant Governor for the residue of the term,
or until the disability shall cease. But when the
Governor shall, with the consent of the Legislature, be
out of the state in time of war, at the head of any
military force thereof, he shall continue
commander-in-chief of all the military force of the State.
Sec. 18.[*] A Secretary of State, a Comptroller, a Treasurer, an
Attorney General and Surveyor General, shall be chosen in
the manner provided in this Constitution; and the term of
office, and eligibility of each, shall be the same as are
prescribed for the Governor and Lieutenant Governor.
Sec. 19.[*] The Secretary of State shall be appointed by the Governor,
by and with the advice and consent of the Senate. He
shall keep a fair record of the official acts of the
legislative and executive departments of the
Government [17] and shall, when required, lay the same, and
all matters relative thereto, before either branch of the
legislature; and shall perform such other duties as shall
be assigned him by law.
Sec. 20.[*] The Comptroller, Treasurer, Attorney General and Surveyor
General, shall be chosen by joint-vote of the two Houses
of the Legislature, at their first session under this
Constitution, and thereafter shall be elected at the same
time and places: and in the same manner, as the Governor
and Lieutenant Governor.
Sec. 21.[*] The Governor, Lieutenant Governor, Secretary of State,
Comptroller, Treasurer, Attorney General, and Surveyor
General, shall each, at stated times during their
continuance in office, receive for their services a
compensation, which shall not be increased or diminished
during the term for which they shall have been elected;
but neither of these officers shall receive for his own
use, any fees for the performance of his official duties.
Article VI: Judicial Department.
Sec. 1. The judicial power of this state shall be vested in a Supreme
Court, in District Courts, in County Courts, and in Justices
of the peace. The Legislature may also establish such
municipal and other inferior courts as may be deemed
necessary.
Sec. 2. The Supreme Court shall consist of a Chief Justice, and two
associate Justices, any two of whom shall constitute a quorum.
Sec. 3. The Justices of the Supreme court shall be elected at the
general election, by the qualified electors of the state, and
shall hold their office for the term of six years from the
first day of January next after their election; provided that
the legislature shall, at its first meeting, elect a Chief
Justice and two associate Justices of the Supreme Court, by
joint vote of both houses, and so classify them that one shall
go out of office every two years. After the first election
the Senior Justice in Commission shall be the Chief Justice.
Sec. 4. The Supreme Court shall have appellate jurisdiction in all
cases when the matter in dispute exceeds two hundred dollars;
when the legality of any tax, toll, or impost or municipal
fine is in question; and in all criminal cases amounting to
felony or questions of law alone. And the said Court, and
each of the Justices thereof, as well as all district and
County judges, shall have power to issue writs of habeas
corpus at the instance of any person held in actual custody.
They shall also have power to issue all other writs and
process [18] necessary to the exercise of their appellate
jurisdiction, and shall be conservators of the peace
throughout the state.
Sec. 5. The state shall be divided by the first legislature into a
convenient number of districts subject to such alteration from
time to time as the public good may require; for each of which
a district Judge shall be appointed by the joint-vote of the
legislature, at its first meeting, who shall hold his office
for two years from the first day of January next after his
election; after which, said Judges shall be elected by the
qualified electors of their respective districts, at the
general election, and shall hold their office for the term of
six years.
Sec. 6. The District Courts shall have original jurisdiction, in law
and equity, in all civil cases where the amount in dispute
exceeds two hundred dollars, exclusive of interest. In all
criminal cases not otherwise provided for, and in all issues
of fact joined in the probate court, their jurisdiction shall
be unlimited.
Sec. 7. The legislature shall provide for the election, by the people,
of a clerk of the Supreme Court and county clerks, district
attorneys, Sheriffs, Coroners, and other necessary officers;
and shall fix, by law, their duties and compensation. County
clerks shall be ex officio [19], clerks of the district Courts
in and for their respective Counties.
Sec. 8. There shall be elected in each of the organized counties of
this state, one County Judge, who shall hold his office for
four years. He shall hold the county court, and perform the
duties of Surrogate, or Probate Judge. The County Judge, with
two Justices of the Peace, to be designated according to law
shall hold courts of sessions, with such criminal jurisdiction
as the legislature shall prescribe, and he shall perform such
other duties as shall be required by law.
Sec. 9. The County Court shall have such jurisdiction, in cases
arising in Justices Courts, and in special cases, as the
legislature may prescribe, but shall have no original civil
jurisdiction, except in such special cases.
Sec. 10. The times and places of holding the terms of the Supreme
Court, and the general and special terms of the District
Courts, within the several districts, shall be provided for by
law.
Sec. 11. No judicial officer, except a [20] Justice [21] of the Peace,
shall receive, to his own use, any fees, or perquisites of
office.
Sec. 12. The legislature shall provide for the speedy publication of
all statute laws, and of such judicial decisions as it may
deem expedient; and all laws and judicial decisions shall be
free for publication by any person.
Sec. 13. Tribunals for conciliation may be established, with such
powers and duties as may be prescribed by law; but such
tribunals shall have no power to render judgment to be
obligatory on the parties, except they voluntarily submit
their matters in difference, and agree to abide the judgment,
or assent thereto in the presence of such tribunal, in such
cases as shall be prescribed by law.
Sec. 14. The legislature shall determine the number of Justices of the
Peace, to be elected in each county, City, Town, and
incorporated village of the State, and fix by law, their
powers, duties, and responsibilities. It shall also determine
in what cases appeals may be made from the Justices' Courts to
the County Court.
Sec. 15. The Justices of the Supreme Court, and Judges of the District
Courts, shall severally, at stated times during their
continuance in office, receive for their services a
compensation, to be paid out of the treasury, which shall not
be increased or diminished during the term for which they
shall have been elected. The County Judges shall also,
severally, at stated times receive for their services a
compensation, to be paid out of the County treasury of their
respective Counties, which shall not be increased or
diminished during the term for which they shall have been
elected.
Sec. 16. The Justices of the Supreme Court, and District Judges shall
be ineligible to any other office during the term for which
they shall have been elected.
Sec. 17. Judges shall not charge juries with respect to matters of
fact, but may state the testimony and declare the law.
Sec. 18. The style of all process shall be "The People of the State of
California;" and all prosecutions shall be conducted in the
name and by the authority of the same.
Article VII: Militia.
Sec. 1. The legislature shall provide, by law, for organizing and
disciplining the militia, in such manner as they shall deem
expedient, not incompatible with the Constitution and laws of
the United States.
Sec. 2. Officers of the militia shall be elected, or appointed, in
such manner as the legislature shall, from time to time,
direct; and shall be commissioned by the Governor.
Sec. 3. The Governor shall have power to call forth the militia, to
execute the laws of the state, to suppress insurrections, and
repel invasions.
Article VIII: State Debts.
The legislature shall not, in any manner, create any debt or debts,
liability or liabilities, which shall, singly or in the aggregate, with
any previous debts or liabilities, exceed the sum of three hundred
thousand dollars, except in case of war, to repel invasion, or suppress
insurrection, unless the same shall be authorized by some law for some
single object or work, to be distinctly specified therein, which law shall
provide ways and means, exclusive of loans, for the payment of the
interest of such debt or liability, as it falls due, and also to pay and
discharge the principal of such debt or liability within twenty years from
the time of the contracting thereof, and shall be irrepealable until the
principal and interest thereon shall be paid and discharged; but no such
law shall take effect until, at a general election, it shall have been
submitted to the people, and have received a majority of all the votes
cast for and against it at such election; and all money raised by
authority of such law, shall be applied only to the specified object
therein stated, or to the payment of the debt thereby created; and such
law shall be published in at least one newspaper in each judicial
district, if one be [22] published therein, throughout the state, for three
months next preceding the election at which it is submitted to the people.
Article IX: Education.
Sec. 1. The legislature shall provide for the election, by the people,
of a superintendent of public instruction, who shall hold his
office for three years, and whose duties shall be prescribed
by law, and who shall receive such compensation as the
legislature may direct.
Sec. 2. The Legislature shall encourage, by all suitable means, the
promotion of intellectual, scientific, moral and agricultural
improvement. The proceeds of all lands that may be granted by
the United States to this state, for the support of schools,
which may be sold or disposed of, and the five hundred
thousand acres of land granted to the new states, under an act
of Congress distributing the proceeds of the public lands
among the several states of the Union, approved A. D. 1841;
and all estates of deceased persons who may have died without
leaving a will, or heir, and also such per cent as may be
granted by Congress on the sale of lands in this State, shall
be and remain a perpetual fund, the interest of which,
together with all the rents of the unsold lands, and such
other means as the legislature may provide shall be inviolably
appropriated to the support of Common schools throughout the
state.
Sec. 3. The legislature shall provide for a system of common schools,
by which a school shall be kept up and supported, in each
district, at least three months in every year: and any school
district neglecting to keep and support, such a school, may be
deprived of its proportion of the interest of the public fund,
during such neglect.
Sec. 4. The legislature shall take measures for the protection,
improvement, or other disposition, of such lands as have been,
or may hereafter be, reserved or granted by the United States,
or any person or persons, to this state for the use of a
University; and the funds accruing from the rents or sale of
such lands, or from any other source, for the purpose
aforesaid, shall be and remain a permanent fund, the interest
of which shall be applied to the support of said university,
with such branches as the public convenience may demand, for
the promotion of literature, the arts and sciences, as may be
authorized by the terms of such grant. And it shall be the
duty of the legislature, as soon as may be, to provide
effectual means for the improvement and permanent security of
the funds of said University.
Article X:
Mode of amending and revising the Constitution.
Sec. 1. Any amendment, or amendments, to this Constitution, may be
proposed in the senate or assembly; and if the same shall be
agreed to by a majority of the members elected to each of the
two houses, such proposed amendment or amendments, shall be
entered on their journals, with the yeas and nays taken
thereon, and referred to the legislature then next to be
chosen, and shall be published for three months next preceding
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 assembly,
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.
Article XI: Miscellaneous Provisions.
Sec. 1. The first session of the legislature shall be held at the
Pueblo de San Jose; which place shall be the permanent seat 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.
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 these
supervisors shall, jointly and individually, perform such
duties as may be prescribed by law.
Sec. 6. All officers whose election or appointment is not provided for
by this Constitution, and all officers whose offices may
hereafter be 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.
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 such
restrictions and regulations as the Legislature may prescribe.
Sec. 10. The credit of the state 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 shall be equal and uniform through out 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 afterwards
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
passed providing for the registration of the wife's separate
property.
Sec. 15. The Legislature shall protect, by law, from forced sale, a
certain portion of the homestead and other property of all
heads of families.
Sec. 16. No perpetuities shall be allowed, except for eleemosynary [23]
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 an 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.
Article XII: Boundary.
The Boundary of the State of California shall be as follows: Commencing at
the point of intersection of 42d degree of north latitude with the 120th
degree of longitude west from Greenwich, and running south on the line of
said 120th degree of west longitude, until it intersects the 39th 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 35th
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 30th, 1848; thence running west, and
along said boundary line, to the Pacific Ocean, and extending therein
three English miles; thence running in a northwesterly direction, and
following the direction of the Pacific Coast to the 42d degree of north
latitude; thence on the line of said 42d degree of north latitude to the
place of beginning; also, all the islands, harbors, and bays, along and
adjacent to the Pacific Coast
SCHEDULE.
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.
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. & on the question of the adoption thereof. [24]
Sec. 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 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 several 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 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 [25] 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 forthwith
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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 11. The legislature, at its first session, shall elect such
officers as may be ordered by this 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 Governor after his installation
into office.
Sec. 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.
Sec. 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.
Sec. 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 and Los Angeles, 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 the assembly; the district of Los
Angeles, 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.
Sec. 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 double the pay of a
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.
Sec. 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
To the People of California
The undersigned, Delegates to a Convention authorized to form
a Constitution for the State of California, having to the best
of their ability, discharged the high trust committed to them,
respectfully submit the accompanying plan of Government for
your approval [26]. Acknowledging the great fundamental
principles, that all political power is inherent in the
people, and that Government is instituted for the protection,
security and benefit of the people, the Constitution presented
for your consideration, is intended only to give such organic
powers to the several departments of the proposed government
as shall be necessary for its efficient [27] administration:
and while it is believed no [*] power has been given, which is
not thus essentially necessary, the Convention deem individual
rights [28] as well as public [29] liberties [30] are [31] amply
secured, by the People still retaining not only the great
conservative power of free choice and election of all
officers, agents and representatives, but the unalienable
right to alter or reform their governments whenever the
public [*] good may require.
Although born in different climes, coming from different
States, imbued with local feelings, and educated perhaps with
predilections for peculiar institutions, laws and customs, the
Delegates assembled in Convention, as Californians [*], and
carried on their deliberations in a spirit of amity,
compromise and mutual concession for the Public weal.
It cannot be denied that a difference of opinion was
entertained in the convention, as to the policy and expediency
of several measures embodied in the Constitution: but looking
to the great interests of the State of California, the peace,
happiness and prosperity of the whole people -- individual
opinions were freely surrendered to the will of the majority,
and with one voice, we respectfully but earnestly recommend to
our fellow citizens, the adoption of the Constitution, which
we have the honor to submit
In establishing a boundary for
the State, the convention conformed as near as was deemed
practicable and expedient, to great natural land marks so as
to bring into a Union, all those, who should be included by
mutual interests, [32] mutual wants, and mutual dependence.
No portion of territory is included, the inhabitants of which,
were not or might not have been legitimately represented in
the convention, under the authority by which it was convened:
and in unanimously resolving to exclude Slavery from the State
of California, the great principle has been maintained, that
to the people of each State and territory, alone [*], belongs
the right to establish such municipal regulations, and to
decide such questions, as affect their own peace, prosperity
and happiness.
A free people, in the enjoyment of an
elective government, capable of securing their civil,
religious and [33] political rights, may rest assured these
inestimable privileges can never be wrested from them, so long
as they keep a watchful eye on the operations of their
government, and hold to strict accountability, those to whom
power is delegated. No people were ever yet enslaved, who
knew and dared maintain the co-relative rights and obligations
of free and independent citizens. A knowledge of the laws -
their moral force and efficacy, thus becomes an essential
element of freedom, and makes public education of primary
importance. In this view, the constitution of California
provides for, and guarantees in the [34] most ample manner, the
establishment of common schools, seminaries and colleges: so
as to extend the blessings of education throughout the land
and secure its advantages to the present and future
generations.
Under the peculiar circumstances in which California becomes a
State -- with an unexampled increase of a population, coming
from every part of the world -- speaking various languages and
imbued with different feelings and prejudices -- no form of
government, no system of laws, can be expected to meet with
immediate and unanimous assent. It is to be remembered
moreover, that a considerable portion of our fellow-citizens
are natives of old Spain, Californians, and those who have
voluntarily relinquished the rights of Mexicans, to enjoy
those of American citizens. Long accustomed to a different
form of government, regarding the right of person and of
property as interwoven with ancient usages and time honored
customs, they may not at once see the advantages of the
proposed new government or yield an immediate approval of new
laws, however salutary their provisions or conducive to the
general welfare. But it is confidently believed, when the
government as now proposed, shall have gone into successful
operation, when each department thereof shall move on
harmoniously, in its appropriate and respective sphere; when
laws based on the [35] eternal principles of equity and
justice, shall be established; when every citizen of
California, shall find himself secure in life, liberty and
property -- all will unite in the cordial support of
institutions, which are not only the pride and boast of every
true hearted citizen of the Union, but have gone forth, a
guiding light to every people, groping through the gloom of
religious superstition or political fanaticism. Institutions,
which even now, while all Europe is agitated with the
convulsive efforts of nations battleing for liberty, have
become the mark and model of governments, for every people who
would hold themselves, free, sovereign, and independent.
With this brief exposition of the views
and opinions of the convention, the undersigned submit the
constitution and plan of government for your approval [36].
They earnestly recommend it to your calm and deliberate
consideration and especially do they most respectfully urge on
every voter to attend the Polls
The putting into operation of a Government, which shall
establish justice, ensure domestic tranquility, promote the
general welfare and secure the blessings of civil, religious
and political liberty, shall be an object of the deepest
solitude to every true hearted citizen, and the consummation
of his dearest wishes. The price of liberty is eternal
vigilance, and thus it is not only the privilege but the duty
of every voter, to vote his sentiments. No freeman of this
land who values his birth-right and would transmit unimpared
to his children, an inheritance so rich in glory and in honor,
will refuse to give one day to the service of his country.
Let every qualified voter go early to the polls, and give his
free vote at the election appointed to be held on Tuesday the
13th of November next, not only that a full and fair
expression of the public voice may be had for or against a
constitution intended to secure the peace, happiness and
prosperity of the whole people, but that their numerical and
political strength may be made manifest, and the world see, by
what majority of freemen, California the bright star of the
west, claims a place in the diadem of that glorious Republic,
formed by the union of thirty one sovereign states.
[37]
Joseph Aram J. McDougall
Ch. T. Botts Myron Norton
Elam Brown P. Ord
Jose Anto. Carrillo Miguel de Pedrorena
Jose Ma. Covarrubias Rodman M. Price
Elisha O. Crosby Antonio Ma. Pico
Lewis Dent Jacinto Rodriguez
Pablo de la Guerra Hugh Reid
K. H. Dimmick J. A. Sutter
Manl. Dominguez
[unintelligible] Jacob R. Snyder
A. J. Ellis Winfield Scott Sherwood
Stephen C. Foster Wm. E. Shannon
Edw. Gilbert Pedro Sainsevain
Wm. M. Gwin Abel Stearns
Julian Hanks Wm. M. Steuart
Henry Hill R. Semple
J. D. Hoppe M. G. Vallejo
Joseph Hobson Thos. L. Vermeule
H. W. Halleck Joel P. Walker
L. W. Hastings O. M. Wozencroft
J. McHenry Hollingsworth
Jas. McHall Jones
Thomas O. Larkin
Francis J. Lippitt
Benj. S. Lippincott
Benjiman F. Moore
M. M. McCarver
-----------------------
* Double underlined.
1. "Preamble" crossed out.
2. "Bill" crossed out, "Declaration" substituted.
3. Three unintelligible words crossed out.
4. Four unintelligible words, and one punctuation, crossed out.
5. "habeas corpus" underlined.
6. "and" crossed out, "or" substituted.
7. "mesne" underlined.
8. "ex post facto" underlined.
9. "bona fide" underlined.
10. "nor shall they" crossed out, "and they shall not" substituted.
11. "for which" added.
12. Comma deleted.
13. "viva voce" underlined.
14. "execute" crossed out, exercise substituted.
15. "conviction" added.
16. "the" deleted.
17. Word misspelled; "or" of "Governor" changed to "ment" of "Government".
18. Final "es" in "processes" deleted.
19. "ex officio" underlined.
20. "a" added.
21. "s" deleted from "Justices".
22. "is" deleted, "be" added.
23. Spelling correction in original.
24. This last sentence appears to be added.
25. "Senior" added.
26. "or rejection" crossed out.
27. "effectual" crossed out, "efficient" substituted.
28. "rights" added.
29. "rights and" crossed out.
30. "liberty" changed to "liberties".
31. "are" added.
32. "and" crossed out.
33. Redundant "and" crossed out.
34. "the" added.
35. "those" crossed out, "the" substituted.
36. "or rejection" crossed out.
37. The signature "R. Semple, President Convention" crossed out.
# # #
Return to Table of Contents for
1849 California Constitution