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oath of office___.

pardons and reprieves, power to grant_

powers of

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appointment and number of

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mode of electing President-Amendment XII_.

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succession to office (See also Amendment XX and Amendment XXV)

term of office__.

date of commencement-Amendment XX, Sec. 1–.

limitation on number of terms-Amendment XXII, Sec. 1 condition of ratification-Amendment XXII, Sec. 2__

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vacancy in office of Amendment XXV, Sec. 1___. PRESIDENTIAL ELECTORS

appointment and number of

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District of Columbia, number of-Amendment XXIII_ mode of electing President-Amendment XII_ mode of electing Vice President-Amendment XII_ PROHIBITION

repeal of-Amendment XXI_

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Constitutional History

of California

Constitutional History of California

By PAUL MASON

GOVERNMENT DURING THE SPANISH PERIOD

Spanish Plan of Government

Earliest Government of California

Beginning with the first Spanish settlement in California in 1769 the government was divided between the Padres who exercised an ecclesiastical control of the missions, and commandantes who exercised military control over the soldiers and presidios and generally over crimes.

With the establishment of pueblos a short time later, a civil government was established which consisted merely of a Governor, but for a long period of time it was of no practical importance.

The independence of Mexico was secured from Spain in 1821.

In 1837 a new constitution was drawn up by which the government of the provinces was substantially altered and the missions were confiscated.

Government of California in 18461

At the time of the occupation of California by the Americans the province was governed by the laws of March 20 and May 23, 1837, which provided for a government divided into executive, legislative and judicial departments. The division was not as carefully followed as in our state and national governments, but was more closely followed than in our county governments. The government was also decidedly more centralized than our own.

The Executive Department

The Executive Department of the Government consisted of a Governor appointed by the Government of Mexico, prefects appointed by the Governor and approved by the Federal Government of Mexico, and subprefects appointed by the prefects and approved by the Governor. Both prefects and subprefects were responsible to the Governor for the administration of the government in their local districts.

The position of prefect, or subprefect, is more comparable to our sheriffs than to any other of our officers.

The Governor, through the prefects, subprefects and town councils (ayuntamientos), where they existed, was responsible for the public order of the department, the disposal of the armed force assigned to him for police purposes, and was authorized when necessary to require

1 Browne Debates, Translation of Mexican laws, XXIV, XLIV ; 1 Cal. 559, 587.

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