Constitution of California

“ It cannot be denied that a difference of opinion was entertained in the convention, as to the policy and 337 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. ”

“ California is now a State—in organization at least, if not in being a member of the Union. The country has become thoroughly American in its government and laws. A Constitution is adopted as a State organization, which bears the impress of enlightened sentiment and just principles. The most liberal provisions have been made in that instrument for the grand end of public education. ”

“ They do not, however, participate in political power; they do not share in the government till [California] shall become a State. In the mean time, [California] continues to be a territory of the United States, governed by virtue of that clause of the constitution which empowers Congress to make all needful rules and regulations respecting the territory and other property belonging to the United States. ”

“ The State of California is sheltering dangerous criminals in a brazen and lawless attack on our Constitutional system of government. Every state in our Union is subject to the laws and Constitution of the United States – including California. ”

“ Nothing can be more unjust in politics than taxation without a due compensation of protection and of law. There is scarcely any prospect, however, that California will be required to go back to a territorial organization. Such a request would be absurd in the highest degree, and none but ultras recommend it.
Whether California be admitted into the Union at the present session of Congress, or not, we may consider her Constitution and many of her laws necessary for carrying out the provisions of the Constitution, as fixed and operative. ”

“ 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 338 and makes public education of primary importance. In this view, the Constitution of California provides for, and guarantees in the 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. ”

“ Meantime the American settlers in California were extremely dissatisfied. To be living without suitable laws was an unnatural and dangerous state of affairs which could not be tolerated by men who loved their country and their homes. The Spanish Californians, also, were anxious to know what they had to expect from the laws of the United States. At last it was decided by the people, and agreed to by the military governor, Riley, who was a man of good judgment, that delegates should be chosen to a convention which should arrange a state constitution and government. ”

“ The meaning of the California Constitution is whatever the courts of California declare it to be. The obligation of the petitioner's contract is whatever the law of California attached to the contract at the hour of its making. Long before that time, the Supreme Court of that state had held that under the law of California a statutory cause of action, whether penal or remedial, may be canceled or modified by repeal or amendment until it has ripened into a judgment. ”

“ The common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution or laws of the State of California, shall be the rule of the decision in all the courts of the State. ”

“ On the 28th of March Argüello forwarded copies of the constitution to the different presidios and pueblos, at each of which it was ratified with appropriate ceremonies before the end of May. At San Francisco Padre Esténega conducted the customary religious services, though it is not certain that he took the oath. At San Diego, as at Monterey, the padres refused to take any part in the ratification. At other places there is no record respecting the friars' action. Thus California become formally a territory of the Mexican republic. ”

“ The Legislature shall have no power to grant leave of absence to any judicial officer; and any such officer who shall absent himself from the State for more than sixty consecutive days shall be deemed to have forfeited his office. The Legislature of the State may at any time, two thirds of the members of the Senate and two thirds of the members of the Assembly voting therefor, increase or diminish the number of Judges of the Superior Court in any county, or city and county in the State ”

“ Resolved, That the integrity and permanence of American power on the Pacific Ocean, the increase of our commerce and wealth, the extension of our institutions, and the cause of human freedom on this continent, require the immediate admission of California into this Union, with her present Constitution, and the boundaries therein defined, without any reference to any other question or measure whatever. ”

“ Prefect Sarría, as we have seen, declined to swear allegiance to the federal constitution or to sanction republicanism either as friar, prelate, or vicar. He left each of the friars free to decide for himself, and refused to issue instructions on the subject. There can be no doubt, however, that the question had been thoroughly discussed by the padres, and a definite understanding reached, during the many months in which the formal declaration of the republic in California had been only a question of time. ”

“ I have a saw-mill started back of San José, too. Should you come that way, be sure and stop off with me."
"And should you come to Sonoma, do me the honor of making my house your home," said the General. "And pray do not forget that in September we of California hold a statehood convention at Monterey, to frame a State constitution. All good citizens are requested to be present."
"The State of California, already! Think of that!" exclaimed Mr. Grigsby.
"And a free State, too, if we can make it so," added Colonel Frémont, his blue eyes aglow. "California's free now, to everybody. ”

“ The California harmless-error rule, is incorporated in that State's constitution. It was first adopted by a vote of the people in 1911 and readopted as part of the revised constitution in 1966. While its language allows reversal only where there has been a 'miscarriage of justice,' a long course of judicial decisions has shaped the rule in a manner which cannot be ignored. California courts will not allow a conviction based upon an improperly obtained confession to stand. ”

“ Should more amendments than one be submitted at the same election they shall be so prepared and distinguished, by numbers or otherwise, that each can be voted on separately. If the people shall approve and ratify such amendment or amendments, or any of them, by a majority of the qualified electors voting thereon, such amendment or amendments shall become a part of this Constitution. ”

“ Under this assumed right, the people of California had formed a constitution and a state government, and appointed senators and representatives. If the people as adventurers had conquered the territory and established their independence, the sovereignty of the country would have been vested in them. In that case, they would have had the right to form a state government; and afterward they might have applied to congress for admission into the Union. But the United States had conquered and acquired California ”

“ The first election for justices of the supreme court shall be held in the year 1863. The justices shall hold their offices for the term of ten years from the 1st day of January next after their election, except those elected at the first election, who, at their first meeting, shall so classify themselves by lot that one justice shall go out of office every two years. The justice having the shortest term to serve shall be the chief justice.
Sec. 4. The supreme court shall have appellate jurisdiction in all cases in equity ”

“ The exercise of the right of eminent domain shall never be so abridged or construed as to prevent the Legislature from taking the property and franchises of incorporated companies and subjecting them to public use the same as the property of individuals, and the exercise of the police power of the State shall never be so abridged or construed as to permit corporations to conduct their business in such manner as to infringe the rights of individuals or the general well-being of the State. ”

“ If the whole great section was admitted as California, he thought division would surely follow with the southern part for slavery. The people, however, showed themselves opposed to slavery in their new state, and Dr. Gwin soon found that he must either forego his hopes of becoming senator or give way on this point. The constitution finally adopted was that of a free state with its boundaries as they are to-day. The new legislature chose Colonel Fremont and Dr. Gwin senators, and they left in January, 1850, for Washington, taking the new constitution to offer it for the approval of Congress. ”

“ On receipt of the constitution, Argüello at once summoned the diputados to assemble. The rivers were so swollen by the rains that the southern members could not come: but on the 26th of March the four Castros, with the president and secretary, met to ratify the new organic law of the nation. The document was read by Secretary Torre, and the oath was taken by governor and diputados. Then the constitution was read again in the plaza, and Argüello administered the oath to the garrison drawn up under arms, and to the assembled citizens of all classes. ”

“ 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. ”

“ 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. ”

“ It is understood that the people of the western part of California have formed the plan of a state constitution, and will soon submit the same to the judgment of congress, and apply for admission as a state. ”

“ General information on finances of California, and relief sent from Mexico in 1824-5, in Mexico, Mem. Hacienda, 1826, p. 27. Aug. 6th, Minister Alaman orders gefe político to report on the suspension of the assembly, and to propose an administrative system. Sup. Govt St. Pap., MS., iii. 9. ↑ I shall have more to say on the action of the friars. Action of the diputacion March 26th, in Leg. Rec., MS., i. 41-3. March 28th, Argüello sends out the new constitution to be ratified, and orders all copies of the old Spanish constitution to be collected. ”

“ 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 ”

“ If the material has the slightest redeeming social importance it is not obscene because it is protected by the First and Fourteenth Amendments of the United States Constitution, and the California Constitution. ”