Secretary of State, who, before entering upon the duties of their respective offices, shall take the oath herein prescribed for other officers.

6. It is also further ordained and declared, that in counties wherein, for any cause, elections are not held on the said second Monday of March, next, the same may be held for the several local officers provided for in the Constitution, ordinances and schedule of this Convention, in the same manner as hereinbefore described, at any time thereafter, till the whole State is fully organized and represented.

§ 9. The officers to be voted for in this election, are Governor, Lieutenant-Governor, Secretary of State, Auditor, Treasurer, Attorney-General, three Judges of the Supreme Court, nine Circuit Judges, and nine District Attorneys (according to act of January 15th, 1861), County Judges, Clerks, Sheriffs, Coroners, Constables, Justices of the Peace, and all other officers provided for in the Constitution and ordinances of this Convention, or which may exist by law, and Members of the Legislature, according to the ratio or apportionment of senatorial districts in force in the year 1860, and Members to Congress in districts Nos. 1 and 2, according to the act approved January 19th, 1861 (no election being ordered in district No. 3, this Convention recognizing the election of Colonel James M. Johnson as the representative from that district). And it is further hereby declared that all laws in force in this State on the 4th day of March, 1861, are still in force, not inconsistent with the provision of this Constitution, and which have not expired by limitation therein contained.

JOHN MCCOY,

Prest. of the Convention, and Delegate from Newton Co.

ORDINANCES OF THE CONVENTION.

Be it ordained by the People of the State of Arkansas, That from and after the 2d Monday of March, 1864, membership of a military company within the limits of this State, known as guerillering, jayhawking or bush-whacking, shall be deemed, and is hereby declared, to be an offense of the grade of felony, and that the penalty therefor, on conviction, shall be death by hanging; and that the Legislature shall, at its first session, pass such laws as may be necessary to secure the immediate prosecution of such offenses.

Be it ordained, That on and after the ratification of the Constitution, no person, save under the authority of the military arm of the Federal government, shall be permitted to bring within the limits of this State any indentured or freed negro or mulatto; uor shall any negro or mulatto not now in the State be ever permitted to reside within its limits, save by authority of the government of the United States, or under some proclamation of the President.

Be it ordained by the People of the State of Arkansas, That the Provisional Governor who may be elected by this Convention, be authorized to negotiate a loan not exceeding $150,000 for the State of Arkansas, for the purposes of government, till such times as there may be funds in the treasury from the ordinary sources of revenue, and that he have full authority to pledge therefor the faith and credit of the State.

Be it ordained by the People of the State of Arkansas, That the violation of the oath contained in the President's proclamation of December, 1863, administered by any person whomsoever under legal authority of the United States, or of this Convention, as a prerequisite to voting in the election ordered by this Convention, shall be perjury, and that the Legislature shall, at its first session, provide such legislation as may be necessary to secure prosecution for such offenses.

Be it ordained by the People of the State of Arkansas, That a provisional State government be, and the same is hereby declared and established, to exist and be in force from the adjournment of this Convention, consisting of a Provisional Governor, LieutenantGovernor, and Secretary of State, who shall continue in office till their successors are elected by the people and qualified, and who shall receive the same compensation for their services as if acting under an election.

Be it ordained, That no act of the Legislature of this State prohibiting the education of any class of the inhabitants thereof, shall have the force of law.

Be it ordained by the People of the State of Arkansas, That the pay of the members of the Legislature, until some general system of salaries shall be fixed by law, shall be for each member, five dollars per diem, and twenty cents per mile in going to, and the same in returning from the capital.

CONSTITUTION OF CALIFORNIA. 1849.*

ARTICLE I.

DECLARATION OF RIGHTS.

SECTION 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.

§ 2. All political power is inherent to the people. Government is instituted for the protection, security, and benefit of the people; and they have the right to alter or reform the same whenever the public good may require it.

§ 3. The right of trial by jury shall be secured to all, and remain inviolate forever; but a trial by jury may be waived by the parties in all civil cases, in the manner to be prescribed by law.

§ 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State; 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 conscience hereby. secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

§ 5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require its suspension.

§ 6. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained. § 7. All persons shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident or the presumption great.

§ 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 offense; 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.

§ 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.

§ 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.

11. All laws of a general nature shall have a uniform operation.

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.

§ 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.

* California was ceded to the United States by Mexico, by treaty, February 2, 1848. A Convention called for the purpose of drafting a State Constitution, assembled at Monterey, on the 1st of September, and on the 13th of October, 1849, reported the form here presented.

This State was admitted into the Union by act of Congress, September 9, 1850.

§ 14. Representation shall be apportioned according to population.

§ 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.

§ 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.

§ 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.

§ 18. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State.

§ 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.

§ 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.

§ 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 Mày, 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.

§ 5. 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 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 enact as follows."

§ 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.

§ 3. The members of the Assembly shall be chosen annually, by the qualifled 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. § 4. Senators and members of the Assembly shall be duly qualified electors in the respective counties and districts which they represent.

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.

§ 6. The number of Senators shall not be less than one-third, nor more than onehalf 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.

§ 7. When the number of Senators is increased, they shall be apportionted by lot, so as to keep the two classes as nearly equal in number as possible.

8. Each House shall choose its own officers, and judge of the qualifications, elections and returns of its own members.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 14. The doors of each House shall be open, except on such occasions as in the opinion of the House may require secrecy.

§ 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.

§ 16. Any bill may originate in either House of the Legislature, and all bills passed by one House may be amended in the other.

§ 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 (Sundays excepted), the same shall be a law, in like manner as if he had signed it, unless the Legislature, by adjournment, prevent such return.

§ 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 twothirds of the members present.

§ 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 Legisture may provide.

§ 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.

§ 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.

§ 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.

23. No money shall be drawn from the treasury but in consequence of appropriations made my 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.

§ 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.

§ 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 re-enacted and published at length.

§ 26. No divorce shall be granted by the Legislature.

27. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.

§ 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.

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.

§ 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.

§ 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.

§ 32. Dues from corporations shall be secured by such individual liability of the corporators, and other means, as may be prescribed by law.

§ 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. § 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.

§ 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.

§ 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.