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also, immediately after ascertaining that the constitution has been ratified by the people, make proclamation of the fact; and thenceforth this constitution shall be ordained and established as the constitution of California.

SEC. 7. If this constitution shall be ratified by the people of California, the 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.

SEC. 8. At the general election aforesaid, viz., the thirteenth day of November next, there shall be elected a governor, lieutenant governor, members of the legislature, and also two members of congress.

SEC. 9. If this constitution shall be ratified by the people of California, the legislature shall assemble at the seat of government on the fifteenth day of December 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.

SEC. 10. On the organization of the legislature, it shall be the duty of the secretary of state, to lay before each house, a copy of the abstract made by the board 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.

SEC. 11. The legislature, at its first session, shall elect such officers as may be ordered by this constitution, to be elected by that body, and within four days after its organization, proceed to elect two senators to the congress of the United States. But no law passed by this legislature shall take effect until signed by the governor after his installation into office.

SEC. 12. The senators and representatives to the congress of the United States, elected by the legislature and people of California, as herein directed, shall be furnished 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.

SEC. 13. All officers of this state, other than members of the legislature, shall be installed into office on the fifteenth day of December next, or as soon thereafter as practicable.

SEC. 14. Until the legislature shall divide the state into counties, and senatorial and assembly districts, as directed by this constitution, the following shall be the 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 Jose, 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 Jose, 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.

SEC. 15. Until the legislature shall otherwise direct, in accordance with the 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.

SEC. 16. The limitation of the powers of the legislature, contained in article 8th of this constitution, shall not extend to the first legislature elected under the same, which is hereby authorized to negotiate for such amount as may be necessary to pay the expenses of the state government.

R. SEMPLE,

President of the Convention, and Delegate from Benicia. WM. G. MARCY, Secretary.

J. Aram,

C. T. Botts,

E. Brown,
J. A. Carrillo,

J. M. Covarrubias,

E. O. Crosby,
P. De La Guerra,
L. Dent,

B. S. Lippincott,
M. M. McCarver,
John McDougal,
B. F. Moore,
Myron Norton,
P. Ord,
Miguel Pedrorena,
A. M. Pico,

M. Dominguez,

K. H. Dimmick, A. J. Ellis,

S. C. Foster,
E. Gilbert,
W. M. Gwin,
H. W. Halleck,
Julien Hanks,
L. W. Hastings,
Henry Hill,
J. Hobson,

J. McH. Hollinsworth,

J. D. Hoppe,

J. M. Jones,

T. O. Larkin,

Francis J. Lippitt,

R. M. Price,

Hugo Reid, Jacinto Rodriguez, Pedro Sansevaine, W. E. Shannon, W. S. Sherwood, J. R. Snyder, A. Stearns, W. M. Steuart, J. A. Sutter, Henry A. Tefft, S. L. Vermeule, M. G. Vallejo, J. Walker,

O. M. Wozencraft.

TREATISE.

CHAPTER I.

JURISDICTION OF THE COURTS, &C.

THE constitution and treaties of the United States, constitution and statutes of California, and the common law are the laws in force in this state.

The powers, legislative, executive, and judicial, given to the government of the United States, are to be wielded, without interference or interruption from the powers or action of the state governments. Treaties made by the United States with a foreign power are the paramount laws of the land, binding on all the departments of the government of the United States, her citizens and residents within her boundaries, and her state and territorial governments.

Upon the admission of California as a state, her people were at the time admitted to all the rights of those of one of the original states. The act of admission gave the state its existence, and from that time it was in possession of all legislative, judicial, and executive powers, not granted by the original states to the general government by the constitution of the United States and prohibited by her own constitation. The provisions of her constitution operate as an act of congress binding upon the general government, if constitutional, and not opposed to the provisions of any treaty, but if counter to an act or acts of congress it operates their repeal in favor of California.

The legislative powers of the state are subject to the constitution and treaties of the United States and her own constitution, and must be wielded within those limits; if counter thereto, they are void and of no effect. The law making power in California is confided to a legislature, which is constituted of two houses, a senate and assembly. Where there are two-thirds of each house in favor of the passage of a law, the governor's consent is not required: otherwise his consent is necessary to its passage. The common law of England, not contravening the constitution and treaties of the United States, the constitution and statutes of the state apply next, which are those principles and rules of civil conduct adopted by England for the government of her people, and enforced by her courts of law and equity. The statute law of that country is not included unless it is merely declaratory of what the common law is, then it is to be ranked as part of our law.(a)

The people of California have placed the judicial power of the state in a supreme court, district courts, superior court of San Francisco, county courts, the courts of sessions, prohate courts, justices' courts, recorders' courts, and mayors'

courts.

These courts are created, their jurisdiction pointed out, and limited by the constitution and laws of California.

The judges of the various courts are elected to office by the people of the district over which their jurisdiction extends, and their term of service is fixed and determined by the law.

The justices', mayors' and recorders' courts are not courts of record; the rest are.

The supreme court is composed of three judges, any two of whom concurring can pronounce a judgment.

The district courts, the superior court of San Francisco, and the county and probate courts are composed of one judge; the court of sessions is composed of the judge of the county court, together with two justices of the peace, who sit as associate judges.(a)

(a) 1 California Statutes, p. 219.

(b) Laws of 1853, ch. 180, p. 298.

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