The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-08

be published therein, throughout the State, for
three months next preceding the election at which
II Is submitted to the people.
Article TX.
EoVr0iDa
SEC i. The Legislature shall provide for the
election, by The Po"pJe 81 superintendent of pub
lie instruction, " no shall hold his office for three
years, and whose dutes shall be prescribed by
law, and who shall receive such compensation az.
the Legislature may duecr
SEC. 2 The Legislature shall encourage, bv all
suitable means, the promotion Of Intellectual sell
entlfc, moral and agricultural Improvement. The
proceeds OF all lands That may be granted by
the United States 10 ths State for the support of
schools, which may be sold or disposed OF, aud the
five hundred thousand acres OF land granted TO the
new states, under all act ~ Congress distributing
the Iroce eds OF The public lands among the several
states OF the UNION, approved A. ID 1871 and all
estates OF deceased persons who may have died
without leaving VIII, 90 heir, aud also such per
cent as may be granted by Congress GA the sale OF
lands IN this State, shall ~ aud remain perpetual
fund, the interest OF which, together with all the
rents of the unsOd iand-. aud such other means as
the legislature may provide, shall be lnviolably ap
proPriared to the seaport ct com non schools
throug bout The State
SIC 8 The Legislature shall provide for a sys-
tenn Of common scnous, by which a shoot shall be
Ike up and supported ~ zach disuci a, least three
months IN every year; ard any shoOl d strict ne
electng 10 Keep up and support such school, may
be deprived OF Its pfopOion ot the interest OF the
public fund during such neglect.
SEC. A. The Legislature hail take measures for
the protection, Improvement, or other disposition
OF such lands as have been. hereafter be- re-
served granted BY the nled States OF any person
persons 10 his Stat for The of University;
and The funds accIuing irom The rents or sale Of
such lands, or from any o'h~r SOURCE for the pur-
pore aforesaid, snail br aud remain "a permanent
fund, the interest," ci which ~ III he applied to the
support of said university, WIN such branches as
the public convenience may demand for the pro-
motion Of literature, the aris ana sciences, "a may
NJ a. Ind
shall be The duty OF the Legislature, AS soon may
be, To provide efitclaol mems for the Improvement
ind permanent secunty OF thr funds Of SAID univer
slty.
ARTfCLs X
Mode If amending oao Heois,,g the Consultations.
&c. 1. Any amendment 81 amendments TO this
constitution may be proposed III The Senate or As
sembly and II The came shail be agreed to by
majority OF the members elected 10 each of the two
houses, such pfepos-d am-ndment or amend
menfs shall be entered on their journals, with the
yeas and nays taken Their on. aud referred to the
Legislature then mex, 10 br chosen. and shall be
published for three months neXt preceding the time
OF making such choice AND u, IN the Legislature
next chosen, as atort said. sucn proposed amend.
ment or amendments shall be agreed 20 by a majo-
rty OF all the me nbeis elected 10 each house, then
II 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 ,f the people shall
approve and Tatlty such amendment or amend
ments, by ma]orty of the electors qualified to
vote for members Of the Legislature voting there
on, such amendment amendments shall become
part oil the CONSTITUTION
SEC. z. And II, at any time. twO-thlrds of the
Senate and Assembly shall thluk il necessary to
revise and change tins e0tir- constitution thew
shall recommend to the electors. at the next cleo
ton for members ct the Legislature, To vote for or
against the convention; aud n il shall appear that
majority OF the electors voting at such election
have voted In favor of calling a convention, the
Legislature shall, at liz next session. provide by
law Tor calling "a convention, To be holden within
SIX months after the passage of such law and
such convention shall consist at number of men,
pers not less than that OF both branches of tho
Legislature.
Article XI
MtS(fIOaeOHs Provisions
SEC. l. 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, thai two
thirds OF all the member elected TO each house of
the Legislature shall concur IN the passage of such
law.
SEC. 2. Any citIzcn Of thus State who shall,
alter the adoption OF ths constitution, fight duel
WIN deadly weapons, or send or accept a chat
lenge 10 tight n duel with deadly weapons, either
within tins Stale or out II ~; who shall act as
second. or knowingly aid assist in any manner
those thus offending, shnll not be allowed to hold
any oihcr OF profit, or 10 ENJOY the right of suffrage
under this constitution.
SEC. Members of the Legislature, and all
officers, executive aud judicial, except such In
terror officers MS may BE- by law exempted, shall,
Offices, lake and subscribe the following oath or
affirmation -
81 do solemnly swear Tor affirm. az the case
mey be that Will support the constitution of the
United Siatee, and the Constitution OF the State OF
California; and that | will faithfully discharge the
duties OF The office Of -, according To the best
OF my ability" And other OATH declaration, or
tcst, shall be required as a qualification for any
Office or public tIust.
SEC. 4. The Legislature shall establish a system
OF county and town governments, which shall be
as neatly uniform as pfsciicable, throughout the
State.
SIC. 8. The Legislature shall have power TO pro-
vide Tor the election OF board of supervisors in
each county snd these supervisors shall Jointly
and individually, perform such duties as may DO
prescribed by hw.
SIC. 6. All officers whose election or ap,oint-
ment Is not pro,id, Tor by this constitution, and
al officers whose Offices may hereafter be created
by law. shn be elected b. the people, or appointed
III The Legislature may difcct.
SEc. 2. When the duration of any Office is not
provided for by this con-Itnnon. II may b. de-
clsIed by law; and II DOT 20 declared such Office
shall be held during me pleasure 81 IN. AUTHORITY
making the appointments; nor -iiil the duration Of
my Office. not fixed cy this constitution, ever
exceed tour years.
SIC. g. The fiscal year shall commence on the
fiist dsy Of July
SIC o. tsch county, town. city aud incorpora-
ted village. sha make provision for the supper, Of
Its own officers, sub;-ct To- such restrictions ani
regulations ~ the Legislature ma, pre- cribc.
SIC. 10 The ere dt 81 the STATE shall not IN any
manner he gwen on luaned "a. or ~ and OF any In
di,idusl. assoclation or corporation nor shall the
State, directly or indirectly, become stakeholder
In any association or corporation.
SIC. III Suits may be- brought against the State,
in such manner, and IN such courts. as shall be
directed by law.
Skc " No contract of marriage. II otherwise
duly made, shali be- invsidlted tor wact of coaior.
miiy Ia the requirements ~ any religions sect.
Skc. IL. Taxation shal, he equal aud uniform
throughout The state All property, m tins state,
thsl be taxed IN proportion To- ITS value, to be
HscertBin.d as directed by law hut assessors and
collectors at town, county aud state taxes, IN all
be elected by the qushed electors of the district
rounty or town, m wh,ch the property taxed tor
State, county or town purposes l. situated.
SrC II. All properly. boih real anu personal, Of
The wife. owned claimed by her before mar
rage. and that acquired afterwards by giit. devise
pr descent. shsil be her separate property; and
laws shsl he lessed more clearly defining the
riphfs Of the wife IN relatton "a well to her sepa-