Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1849-11-16
The New Constitution of California.


by the California Convention, called in accordance
with the proclamation of Gen. RILEY, is taken from
the Philadel phia Bulletin 1t will be seen that sla
very is prohibited In other respects the Constitution
differs very little from that of many of the old States
THE BILL OF RIGHTs.-The Bill of Rights guaran-
ties the usual rights and liberty and property. All
political power is declared inherent in the people,
for whose protection and benefit government is nsti
tuted. No nhabitaI,t be deprived of his rights
except by the law of the land the Judgment of his
peers The right of trial by jury to remain involate
but it may be waived by the parties in civil
Perfect freedom in religious matters is guaranteed
The writ of hG6eGs corpus cannot be suspended except
when it is required by rebellion invasion, where
the public safety requires it. Excessive bail and fines
and cruel and unusual punishments are forbidden,
and witnesses shall not be unusually detained The
presentment of grand jury shall be required to bring
any one to answer for capital or infamous crimes
No person shall be twice jeoparded for the of
fence. No one shall be a witness against himself,
nor be deprived of life, liberty or property without
process of law, and no private property shall be ia
ken for public use without just compensation. Per-
feet freedom of speech and of the press is guaranteed
In libels the truth may be given in evidence The
people have the right to assemble for consultation
and petition and to instruct their representatives
Persons engaged in duel in any way, disquali-
fed for Office. The usual rules against standing
army, making the military subordinate to the civil
power &C.. adopted. Representation is to be ap-
pOrGlOneU W pOpulduOn. Imprisonment
for debt, except in of Fraud is prohibited Elk
post facto laws bills of attainder and laws mpairng
the obligation of contracts cannot be passed. For
eigners who become bona fde residents are to have
the rights of native citizens.
"Neither slavery nor involuntary servitude, unless
for the punishment of crimes shall be tolerated
in the State" This section was unanimously adopted
The right of Suffrage is guaranteed to all male cit
liens aged 81 and upwards six months resident in
California except Indians, Africans and the descen-
! dants of Africans.
The LEG1sLATuRE.-The Legislative power is YES
ted in Senate and Assembly. Senators to be cho-
sen for two years Representatives chosen annually
on the Tuesday after the LIST Monday in November,
and the Legislature to meet on the LIST Monday in
| January. The qualifications of members are that
they should be citizens of the State for one year and
of the country for six monts prior to the election
The Senate not to be less than one-third nor more
than one-half the members of the Assembly. They
are to be divided into two classes by lot; the frs
class to be vacated at the end of the first year The
remaining provisions for the legislature are similar
to those Of the other States The Governor may yett
any bill and it shall then not become law, excep
by vote of thirds of the Assembly. The pro
visions for Impeachment the as in our con
stitutions No member of the Legislature shall b,
United States State officer shall be eligible to thu
Legislature, except militia or other officers with
compensation less than $500. The members are tt
be apportioned according to census to be taken il
4 1852.
THE ExEcUT1vE-The Governor is to be electet
at the time of the election of the Legislature an,
shall hold his Office for two years. He must be 2;
years of age, citizen of the United States and
resident of the State for two years He possesses h
usual rights to pardon, reprieve &c, to fill yaean
Offices, to convene the legislature, &C. Lieutenan
Governor is to be chosen at the same time, to pre-
side in the Senate and to act as Governor In case
vacancy.
BANKS, CoRpoRATIoNs, Sc.-The legislature to hav
power to grant any charter for banking purposes
Associations for the deposit of geld and silver, ma
be formed under general laws, but cannot issue an
paper. Lotteries also prohibited All other cor
porations for municipal and other purposes and al
Joint stock associations can only be chartered wit
provision making the stockholders individually liza
be- -r aa
OTHER MATTERs.-The Judiciary, the boundar
land educational questions, were net yet acted b
the, convention up to Sept. 22d. It was suppose
their labors would be DONE and the convention Woul
tadoufn about the first week in October.