Residents absent. Plurality vote. Publication of laws, &c. State boundary. Mexican laws in force. Removal of causes. Change of government. Residence. Voters. Constitution to be submitted to people. Election. Election returns. 220. SEC. 19. Absence from this State on business of the State, or of the United States, shall not affect the question of residence of any person. 221. SEO. 20. A plurality of the votes given at an election shall constitute a choice, where not otherwise directed in this constitution. 222. SEC. 21. All laws, decrees, regulations, and provisions, which from their nature a require publication, shall be published in English and Spanish. ARTICLE XII. BOUNDARY. 223. The boundary of the State of California shall be as follows: Commencing at the point of intersection of the 42d degree of north latitude with the 120th degree of longitude west from Greenwich, and running south on the line of the said 120th degree of west longitude until it intersects the 39th degree of north latitude; thence running in a straight line in a southeasterly direction to the river Colorado, at a point where it intersects the 35th degree of north latitude; thence down the middle of the channel of said river, to the boundary line between the United Statesand Mexico, as established by the treaty of May 30, 1848; thence running west and along said boundary line to the Pacific Ocean, and extending therein three English miles; thence running in a northwesterly direction and following the direction of the Pacific coast to the 42d degree of north latitude; thence on the line of said 42d degree of north latitude to the place of beginning. Also all the islands, harbors, and bays, along and adjacent to the Pacific coast. SCHEDULE. 224. SECTION 1. All rights, prosecutions, claims and contracts, as well of individual as of bodies corporate, and all laws in force at the time of the adoption of this consti tution, and not inconsistent therewith, until altered or repealed by the legislature shall continue as if the same had not been adopted. 225. SEO. 2. The legislature shall provide for the removal of all causes which ma be pending when this constitution goes into effect, to courts created by the same. 226. SEO. 3. In order that no inconvenience may result to the public service, from the taking effect of this constitution, no officer shall be superseded thereby, nor the law | relative to the duties of the several officers be changed, until the entering into offic of the new officers, to be appointed under this constitution. 227. SEO. 4. The provisions of this constitution concerning the term of residence nece sary to enable persons to hold certain offices therein mentioned, shall not be held to app to officers chosen by the people at the first election, or by the legislature at its first session 228. SEC. 5. Every citizen of California, declared a legal voter by this constitutio and every citizen of the United States a resident of this State on the day of electio shall be entitled to vote at the first general election under this constitution, and on t question of the adoption thereof. 229. SEC. 6. This constitution shall be submitted to the people for their ratificatio or rejection, at the general election to be held on Tuesday, the thirteenth day November next. The executive of the existing government of California is here requested to issue a proclamation to the people, directing the prefects of the sever districts, or in case of vacancy, the sub-prefects, or senior judge of first instance, cause such election to be held, the day aforesaid, in the respective districts. The ele tion shall be conducted in the manner which was prescribed for the election of delegat to this convention, except that the prefect, sub-prefect, or senior judge of first instan ordering such election in each district, shall have power to designate any addition number of places for opening the polls, and that, in every place of holding the electic a regular poll-list shall be kept by the judges and inspectors of election. It shall al be the duty of these judges and inspectors of election, on the day aforesaid, to recei the votes of the electors qualified to vote at such election. Each voter shall express 1 opinion, by depositing in the ballot-box a ticket, whereon shall be written, or printe "For the Constitution," or "Against the Constitution," or some such words as w distinctly convey the intention of the voter. These judges and inspectors shall al receive the votes for the several officers to be voted for at the said election as here provided. At the close of the election, the judges and inspectors shall carefully cou each ballot, and forthwith make duplicate returns thereof to the prefect, sub-prefe or senior judge of first instance, as the case may be, of their respective district and said prefect, sub-prefect, or senior judge of first instance, shall transmit one of t same, by the most safe and rapid conveyance, to the secretary of State. Upon t receipt of said returns, or on the tenth day of December next, if the returns be not sooner received, it shall be the duty of a board of canvassers, to consist of the secretary Canvassers. of State, one of the judges of the superior court, the prefect, judge of first instance, and an alcalde of the district of Monterey, or any three of the aforementioned officers, in the presence of all who shall choose to attend, to compare the votes given at said election, and to immediately publish an abstract of the same in one or more of the newspapers of California. And the executive will also, immediately after ascertaining that the constitution has been ratified by the people, make proclamation of the fact; and thence- Proclaination of forth this constitution shall be ordained and established as the constitution of Cali- ratification, fornia. congress. 230. SEC. 7. If this constitution shall be ratified by the people of California, the Transmission to executive of the existing government is hereby requested, immediately after the same shall be ascertained, in the manner herein directed, to cause a fair copy thereof to be forwarded to the president of the United States, in order that he may lay it before the congress of the United States. officers. 231. SEC. 8. At the general election aforesaid, viz., the thirteenth day of November Election of next, there shall be elected a governor, lieutenant-governor, members of the legislature, and also two members of congress. 232. SEC. 9. If this constitution shall be ratified by the people of California, the Meeting of legislature shall assemble at the seat of government on the fifteenth day of December legislature. next; and in order to complete the organization of that body, the senate shall elect a president pro tempore, until the lieutenant-governor shall be installed into office. 233. SEC. 10. On the organization of the legislature, it shall be the duty of the Report of secretary of State to lay before each house a copy of the abstract made by the board canvassers. of canvassers, and, if called for, the original returns of election, in order that each house may judge of the correctness of the report of said board of canvassers. 234. SEC. 11. The legislature, at its first session, shall elect such officers as may be Legislative ordered by this constitution, to be elected by that body, and within four days after its elections. organization, proceed to elect two senators to the congress of the United States. But United States no law passed by this legislature shall take effect until signed by the governor after his installation into office. senators. the Union. 235. SEC. 12. The senators and representatives to the congress of the United States, Application for elected by the legislature and people of California, as herein directed, shall be fur- admission into nished 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 into the American Union. 236. SEC. 13. All officers of this State, other than members of the legislature, shall Installation of be installed into office on the fifteenth day of December next, or as soon thereafter as officers. practicable. 237. SEC. 14. Until the legislature shall divide the State into counties and senatorial Appointment of and assembly districts, as directed by this constitution, the following shall be the legislators. 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 José, 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 assembly; the district of Monterey, two members of assembly; the district of San José, 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. 238. SEC. 15. Until the legislature shall otherwise direct, in accordance with the Salaries. 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 residences, 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. 239. SEC. 16. The limitation of the powers of the legislature, contained in Article State expendi- Eight of this constitution, shall not extend to the first legislature elected unde same, which is hereby authorized to negotiate for such amount as may be necessa pay the expenses of the State government. tures. Representatives. Public lands. Act of Admission. AN ACT FOR THE ADMISSION OF THE STATE OF CALIFORNIA INTO THE UNION. WHEREAS, the people of California have presented a constitution, and asked admiss into the Union, which constitution was submitted to congress by the president of United States, by message, dated February thirteenth, eighteen hundred and fi and which, on due examination, is found to be republican in its form of gove ment: 240. Be it enacted by the senate and house of representatives of the United States America, in congress assembled, That the State of California shall be one, and is here declared to be one, of the United States of America, and admitted into the Union an equal footing with the original states, in all respects whatever. 241. SEO. 2. And be it further enacted, That, until the representatives in congr shall be apportioned, according to an actual enumeration of the inhabitants of t United States, the State of California shall be entitled to two representatives in co gress. 242. SEO. 3. And be it further enacted, That the said State of California is admitt into the Union upon the express condition that the people of said State, through the legislature or otherwise, shall never interfere with the primary disposal of the pub lands within its limits, and shall pass no law and do no act whereby the title of t United States to, and right to dispose of, the same shall be impaired or questione and that they shall never lay any tax, or assessment of any description whatsoever, up the public domain of the United States, and in no case shall non-resident proprieto who are citizens of the United States, be taxed higher than residents; and that all ti navigable waters within the said State shall be common highways, and forever free, well to the inhabitants of said State as to the citizens of the United States, without a tax, impost or duty therefor: Provided, that nothing herein contained shall be con- Non-resident proprietors strued as recognizing or rejecting the propositions tendered by the people of Califoania Navigable as articles of compact in the ordinance adopted by the convention which formed the waters. constitution of that State. APPROVED, September 9, 1850. Naturalization Laws. Av Act to establish a uniform rule of Naturalization, and to repeal the acts heretofore passed on that subject. Approved, April 14th, 1802. Be it enacted by the senate and house of representatives of the United States of America in congress assembled :— 243. SECTION 1. That any alien, being a free white person, may be admitted to be- Alien may become a citizen of the United States, or any of them, on the following conditions, and come citizen of not otherwise: United States. 1. That he shall have declared on oath or affirmation, before the supreme, Declaration of superior, district, or circuit court, of some one of the states, or of the territorial Intention to renounce foreign districts of the United States, or a circuit or district court of the United States, allegiance. three years() at least before his admission, that it was bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty whatever, and particularly by name the prince, potentate, state, or sovereignty, whereof such alien may at the time be a citizen or subject.(*) constitution of States. 2. That he shall, at the time of his application to be admitted, declare, on oath or Oath to support affirmation, before some one of the courts aforesaid, that he will support the constitu- the United tion of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty whatever, and particularly by name the prince, potentate, state, or sovereignty whereof he was before a citizen or subject, which proceeding shall be recorded by the clerk of the court. United States Good moral char 3. That the court admitting such alien shall be satisfied that he has resided within Residence in the United States five years at least, and within the state or territory where such court five years before is at the time held one year at least; and it shall further appear to their satisfaction admission. that during that time he has behaved as a man of good moral character, attached to acter, attached to the principles of the constitution of the United States, and well disposed to the good of United States. order and happiness of the same: Provided, that the oath of the applicant shall in no case be allowed to prove his residence. the constitution of aliens resident in 1795. 4. That in case the alien applying to be admitted to citizenship shall have borne any Renunciation of hereditary title, or been of any of the orders of nobility in the kingdom or state from every title of nobility held by which he came, he shall, in addition to the above requisites, make an express renuncia- him. tion of his title or order of nobility in the court to which his application shall be made, which renunciation shall be made and recorded in the said court: Provided, that no Proviso against alien who shall be a native citizen, denizen, or subject of any country, state, or sove- alien enemies. reign, with whom the United States shall be at war at the time of his application, shall be then admitted to be a citizen of the United States: Provided also, that any alien Proviso in favor who was residing within the limits and under the jurisdiction of the United States, be fore the 29th day of January, 1795, may be admitted to become a citizen on due proof made, to some one of the courts aforesaid, that he has resided two years at least within and under the jurisdiction of the United States, and one year at least immediately preceding his application within the state or territory where such court is at the time held, and on his declaring on oath, or affirmation, that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatever, and particularly by name the prince, potentate, state, or sovereignty whereof he was before a citizen or subject; and moreover on its appearing to the satisfaction of the court that during the said term of two years he has behaved as a man of good moral character, () Two years before admission is now sufficient. See section 4 of Act of May 26th, 1824, post, 256. (*) An alien does not become a citizen of the United States by filing his declaration of intention to become a citizen. He does not acquire the full rights of a citizen until he has taken the final oath of citizenship, Orosco vs. Gaglisardo, 22 Cal. 83. in 1798. attached to the constitution of the United States, and well disposed to the good order Proviso in favor and happiness of the same; and where the alien applying for admission to citizenship of aliens resident shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came; on his moreover making in the court an express renunciation of his title or order of nobility before he shall be entitled to such admission; all of which proceedings, required in this proviso to be performed in the court, shall be recorded by the clerk thereof: and provided also that any alien who was residing within the limits and under the jurisdiction of the United States at any time between the said 29th day of January, 1795, and the 18th day of June, 1798, may within two years after the passing of this act be admitted to become a citizen without a compliance with the first condition above specified. Proceedings to be recorded by clerk of court. What courts to be considered capable of naturalizing aliens. Children of naturalized citizens to be citizens. [Sec. 2 repealed by Act of May 24th, 1828.] Test pers day alien 244. SEC. 3. And whereas doubts have arisen whether certain courts of record informer some of the states are included within the description of district or circuit courts: Be it further enacted, That every court of record in any individual state having common law jurisdiction, and a seal and clerk or prothonotary, shall be considered as a district court within the meaning of this act; and every alien who may have been naturalized in any such court shall enjoy, from and after the passing of the act, the same rights and privileges as if he had been naturalized in a district or circuit court of the Uniteding such States.(*) Ser shall be 245. SEC. 4. And be it further enacted, That the children of persons duly natural-passend ized under any of the laws of the United States, or who, previous to the passing of any Armstrued to law on that subject by the government of the United States, may have become citizens of any one of the said states under the laws thereof, being under the age of twentyone years, at the time of their parents being so naturalized or admitted to the rights of citizenship, shall, if dwelling in the United States, be considered as citizens of the United States; and the children of persons who now are or have been citizens of the United States, shall, though born out of the limits and jurisdiction of the United Proviso against States, be considered as citizens of the United States; provided, that the right of citizenship shall not descend to persons whose fathers have never resided within the United Proviso against States; provided, also, that no person heretofore proscribed by any state, or who has proscribed children of nonresidents. persons. Repeal of former acts. in case Act of The limits and hday of June been legally convicted of having joined the army of Great Britain during the late war, therein wi shall be admitted a citizen as aforesaid without the consent of the legislature of the 246. SEO. 5. And be it further enacted, That all acts heretofore passed respecting adressid, m Cat the 2611 establish on that sub ntention Act in addition to above Act. Aliens resident in 1802. Approved, March 26th, 1804. ed States, 1 ding within 247. SECTION 1. That any alien, being a free white person, who was residing within the limits and under the jurisdiction of the United States at any time between the 18th day of June, 1798, and the 14th day of April, 1802, and who has continued to reside within the same, may be admitted to become a citizen of the United States without a compliance with the first condition specified in the first section of the act entitled "An act to establish a uniform rule of naturalization, and to repeal the acts heretofore passed) on that subject." Widow and children of aliens who have de clared intention, entitled to citizenship. of April ited A tion of th Caited St continue 248. SEC. 2. And be it further enacted, That when any alien who shall have complied with the first condition specified in the first section of the said original act, and who shall have pursued the directions prescribed in the second section of the said act, may die, before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such upon taking the oaths prescribed by law. es, when s del for at the Lames C me the sa Cited States 1. That a An Act for the regulation of seamen on board the public and private vessels of the Unitec on to States. Five years' residence in United States necessary for citizenship. Approved, March 3d, 1813. The years, 249. SECTION 12. And be it further enacted, That no person who shall arrive in the United States, from and after the time when this act shall take effect, shall be admitted to become a citizen of the United States, who shall not, for the continued term o five years next preceding his admission as aforesaid, have resided within the United States.() arving at t to the tir Retires at th have no power to grant naturalization, and any attempt of th (*) The words without being at any time during the sai part of this section as it originally stood; but were repealed and the Unit of the C tion of t at the time All other courts than the district courts, being courts of in- five years out of the territory of the United States" formed to his ado (*) The supreme court of California, having exclusive appellate jurisdiction, has no power to naturalize, Ex parte Frank Knowles, 5 Cal. 300. ferior and limited powers, and though some are courts of record yet having only statutory and not common law jurisdiction, 46 |