The county of Monroe shall elect one representative. And at the first session of the general assembly after the return of every endmeration, the representation shall be equally divided and re-apportioned among the several counties, according to the number of free white males in each county. as above prescribed. CONSTITUTION: CALIFORNIA-1849 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 libellous 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 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. er post facto law, or law impairing the obligation of contracts, shall ever be passed. SEC. 17. Foreigners who are, or who may hereafter become bona-fide 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 its 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 SECTION 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, at 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. SEC. 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. SEC. 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger. SEC. 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; or while kept at any almshouse, or other asylum, at public expense; nor while confined in any public prison. SEC. 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privileges of an elector. SEC. 6. All elections by the people shall be by ballot. ARTICLE III DISTRIBUTION OF POWERS The powers of the 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 SECTION 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 not 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 assembly shall be chonse annually, by the qualified voters 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 the 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 or 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 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 occa sions 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 be comes 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, (Sundays excepted the same shall be a law, in like manner as it had signed it, unless the legislature. 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 concurrence 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 misdemeanor 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 misdemeanor in office, in such manner as the legislature may provide. SEC. 20. No senator, or member of assembly, shall, during the term for which 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 its title; but, in such case, the act revised, or section amended shall be reenacted 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 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 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 in 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. 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 in the American Union. SEC. 13. All officers of this State, other than members of the legislature, shall be installed into office on the 15th 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 in 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 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 assmbly; 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 residence 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 eighth 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. WM. G. MARCY, Secretary. CONSTITUTION: COLORADO-1876 R. SEMPLE, President, *** by two-thirds of both houses, according to the rules and limitations prescribed in case of a bill. SEC. 40. If any person elected to either house of the general assembly shall offer or promise to give his vote or influence in favor of or against any measure or proposition, pending or proposed to be introduced into the general assembly. in consideration or upon condition that any other person elected to the same general assembly will give or will promise or assent to give his vote or influence in favor of or against any other measure or proposition, pending or proposed to be introduced in such general assembly, the person making such offer or promise shall be deemed guilty of solicitation and bribery. If any member of the general assembly shall give his vote or influence for or against any measure or proposition pending in such general assembly, or offer, promise, or assent so to do, upon condition that any other member will give or will promise or assent to give his vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such general assembly, or in consideration that any other member hath given his vote or influence for or against any other measure or proposition in such general assembly, he shall be deemed guilty of bribery; and any member of the general assembly, or person elected thereto, who shall be guilty of either of such offences shall be expelled. and shall not be thereafter eligible to the same general assembly; and, on the conviction thereof in the civil courts, shall be liable to such further penalty as may be prescribed by law. SEC. 41. Any person who shall, directly or indirectly, offer, give, or promise any money or thing of value, testimonial, privilege, or personal advantage to any executive or judicial officer or member of the general assembly to influence him in the performance of any of his public or official duties, shall be deemed guilty of bribery, and be punished in such manner as shall be provided by law SEC. 42. The offence of corrupt solicitation of members of the general assembly. or of public officers of the State, or of any municipal division thereof, and any occupation or practice of solicitation of such members or officers to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment. SEC. 43. A member who has a personal or private interest in any measure or bill proposed or pending before the general assembly, shall disclose the fact to the house of which he is a member, and shall not vote thereon. CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT SEC. 44. One Representative in the Congress of the United States shall be elected from the State at large at the first election under this constitution, and thereafter at such times and places and in such manner as may be prescribed by law. When a new apportionment shall be made by Congress, the general assembly shall divide the State into congressional districts accordingly. |