The New York Herald Newspaper, December 8, 1849, Page 2

‘an action for da- . poiat at issue was which the plaintiffs they con- hat they were entitled to the fair market js here, or about 100 per cent upon ‘ew York. It was, however, decided the ab- cost in the rule of damages in such cases, in Bence of fraud proved on the part of the master or owners, should be the cost or invoice price in New You This may_be good law, but 1 certainly looks like bad equity, and there can be no doubt that, under such decisions, great inconveniences will bappen to commerce, and great profits accrue to shipmesters, who will be unable to find valuable goods until after they have, by paying damages for their non-delivery, made them their own te specu- late upon. The counsel for the plaiatitls proposes to test this decision, by carrying the case to Appellate Court. CAUTION. The public are cautioned to be on their guard against receiving spurious halt eagles, purporting to be United States coin, whieh are ia eirculanon to a considerable extent in this town and vicinity. The execution is good, but they are composed of nothing but brass, galvanized. MURDER CASE AT STOCKTON. E ‘We have been furnished with a copy of the testi- mony 'p the case of the People vs John Tra indicted for the murder of Denis Mehan, about of this month | took place at before the Judge of First Instance, on the and occupied the court watl the 24th. ‘The facts, as they appear fre he testimony, are, that Mr ‘Tracy had some difliculty with @ man called “Teaus,” the day before the unfortunate af- fair took place, in consequence of which, a friend of Teaxns. named Davis, prepared hunself with a kn fe oud tifle, and went on the day in question, Ihusarmed, mato the street, insearch of Tracy. The fiicrds ot Tracy gave him oouce of the tact, and desorbed the person of Davis, and advised him to ery hitoself mud leave the to that he prepared Linselt to take the advice of bis friends, and went to ihe place where the deed was committed, the Unied States Hotel, 10 poy his bill, and leave town; that while paying the bill, he was assaulted by the deceased and two of bis compamons, one of whom was nomed Brody, aud asked why he was wimed, to Which he replied that ke did not know them, and that they must keep away from bim, that he Wanted pothing to do with them. The de- ceored then threw his hat on the counter, and said he could whip Tracy. Tracy then drew his pistol apo tld him not to wpproach hun. Brady sered the pstol, nud endeavored to take it from Tracy, dureg which tune the parties were backed into ne olber room, aud after repeated warnings to keep off, Tiney dischorged ene of the barrels of his re- velver with fatal eflect, and the prisoner sur- | rendered humgell up, ‘The case was submitted to the jury without ar- gument, Who, after on absenee of tive minutes, re+ turned ther verdiet of not guily The District Attormey, Thomas R. Van Buren, Veg , Was essisted by Willam G. Wood, of New York, and Dr Roberts, of Stockton. Jabors in Californ will stand to the eredit of his aps and staustical information with in th be be ‘No eulogy he has supplied his and publish his sentiments on all subjects, being responrible for the abuse of that right ; op law whic partment. shall be parsed to restrain or abridge the liberty of need be pronpuneed to his memory, for those w! speech or of the press. In alle proseeutions knew him could not fail to appreciate his private | on indictments tor libels, the wuth may be given in worth, and in his death the public must mourn the | evidence to the jury: and if it Il appear to the Joss of an excellent officer, who has devoted his | jury thot the mutter charged as libellous 1g true, life, since manhood, to the service of lus country. | and was published with good motives and for justie he prisoner was ably defeuded by Col. Lyons, Mr. Brooks, Mr. Fair, Major Creamer, Mr. Parley, avd Mr. Keown, of Sacramento city. ANOTHER MURDER A man was found urdered, last week, about | ffiecu miles below here, on the road to Benicia. | He hed been shot under the lefteve, and apparently bit over the head with a gun, his skull being brokea in. The sepposed murderer had® dragged the corpse vear two huodred yards, for the purpose of throwing itintoa creck, bat, on hearing persona | appronebing, dropp nd fled. The clothes of | the murdered mon were marked G. W. H., and, from his dress, he was evidently a U. S. soldier. SUICIDES. A man, name unknown, was found shot, near the Slough in this cy. The charge entered his heed, shattering his skull were of the opamen that he had commutted suicide, 86 & pistol wae found in the viciaity. We also learn that a man named Fuller, a pas- senger by the ship Charlotte, put an end to his own exirtener, on the 3d inst, by cutting his throat We believe that the above named individuals lived an tents peer Happy Valley. Sach are the results, not ot California enterprise, but of California dissi- pation, Mr _ , SUDDEN DRATH. Job Richardson, of Cnarlestown, Mass. died quite suddenly of an apoplectic fit, on the 3d geet He came to Catilernia ia the ship Charlotte, and. since hi nti) death put en end to his career, as stated. FASHIONABLE INDIC [From tbe wer Limes, Sa: We ehall soon have a and wi liner ur good city on Ning geen pants, and extensive displays of broad- TIONS. _ Young gentlemea ou’ with their stand-up collars, | dysentery, formerly from News clth> while the few ladies in town are not behind in the sprending of silks and satins. We shall soon bove on “upperten thousand” aad an Opera House; bot, in the meantime, we would advise tHemen pot to swell too raueh, for fear of a collapse or orton. ‘The overdressed mau is looked apr h oe re top or a fool, FAOLE THEATRE. J This house opened Toursday evening, toa full, ond, we moy add, a taushionable audienee— the * " ites ! by quite 4 game beret fine le d ladies, the sight Of whom Wee somewhat revivityiog. THE WEATHER. Record of athermometer kept at the office of Dre. Taroer & Cott, ( exposare, andin tbe shade ) +duesday, 10th Oct —7 o'clock A. M., 55 deg. SYM, 58deg., slignt shower. 7 P. 5 dee —mean tempeteiure, 5 deg Iin—7 A. M., 55 7P M., 64 deg —mean temperature, 57 deg. tom Friday, 12h—7 A.M, S3deg. 3 P. M., 65 deg. M , bodes — rotare, 68 deg 66 m. Saturtiny, M., 06 deg. 3 P-M,30 dey. 7 P.M, 63 dee —mean temperature, 64 deg. tom Se -Mth-7 A. M, 70 deg. 3 P.M, 81 dey *M 7h dew.—imenn temperature, 74 deg. Meveny, 16ih—7 A. M64 deg 3 P. dey 7PM 68 deg —meun temperature, 7 Tuerdny, Gih—7 A. M, 66 deg. 3P. deg 7P.M., 65 deg —mean temperature, 65 d tom Meron temperature daring the week, from7 A. M to7 P. M., G4 deg. 23 m. he a Nevata—The Fate Witlieus 1. Warner, The Survey o pathy. ‘The eirewnustai teeadin very moment taquired tor, aud, aol hove them from the Dest authority, will state taem er left Sweramento eivy im Angust wied by a ttrong body of unfantry, for the Ke of exploraty more eepecially to ime whether t the Sierra Nevada were pereeble by the ordinary grade of railways, His course ley op the mata Valley of the Sacraments te Leer Creek, where the main escort, with gone, were left, wand the captaiw wrth vy men pushed on the Peter Lowen Wan to ¢ kA 1 the ove I onvee of Pitts Raver, one of the princi the Seeramento. Here the emigrant 4 ridge of the moontan by A diffieuts 1, eo that i became ne el» menbe Cevcaly cosearch fora betier, pase. A-eamp was | Which are thove at enjoying and defending lite and | VTL" MIME os ee iouemal of ta tetabliched under charge of Lieut. Wilhamson, | liberty, ac ig and here rf pro | own proceedings, wad publish the same tho Coyt Warner detached waht unea. weil eo and obtaining safety and ap: | ee und onys ut the members of sither bh | Tobe. ont te Ma following the valley of a emall | , See. 2. All polities! powers inherent m the peo- pod : upon oy tm iestigcenes sient emptying into th out le. Government i instituted for the protection, | *L* l ike Lodalenme hall, in oll siaty milex perth of he to be | security and benefit of the people ; wnd they have | ee iiemson, felony, and breach of the the summa ct the mountain; from the eame point, , the right to alter of reform the same, whenever the | TT? 1% guivileged Erem po ih ‘and they tie volley Of nemall eream fowing eastward, af | public good may require it fe sutject 10 any civil process during the es forced # gentle and easy descent to the desert country thet les east of the Sierra Nevada. From hit notes, and the deeeription of the eoautry give by the survivors of his party, there remains ut lite tle t that this pews, discovered by Captaun fa wagon road, aad ‘ for a railway. Having sceomplished the chief orject of bis search, he turned to the south, keeping the mountain range ou hue right hand, and the desert on bis left, bis pore ke » ground rhubtly clewated, aad the b erased leye of small strenms commny trom the me ‘These streams, like those of Cale fornin, have level wall , 4- ing them on the north of September 27, the party had er aed were aecending the steep bank, wh red with loose rocks and stones. As they d the brow of the hill, about forty ladiaas 7 The jury on the inquest | | arrival, has indulged in intemperance, | | Lavan, from New Orleans | pour gen- | | and is probably both. | oume H. Dinnne, (New Yor! | *5 pM. 64 | Proelamation to the People of Caltfornia, | | the election, in a wly fate of this officer hus excited territories. and in order that the people of California me: their gratitude to the Supreme Ruler of the Universe for bin kind and fostering and the boundless blersings recommended that Thursday. the 20th day of Novem- Dernext, be set apart and kept asa duy of thanksgiving and prayer. Fg a Given at Monterey, Calltornte, this 24th day of Ooto- | Siv!! power. ber. A. D 1849, sii B. RILEY By the Goveroor: Thanksgiving in Califernia, PROCLAMATION In, conformity. with the eurtoes of other States ana | 'D¢, 28°F, make general and public acknowledgment of | 900°) instruct thelr tion the legislature for ¢ during the past year, hich ¥e now enjoy, a uniform operation, Seo. 12. Them Signed) Lie Brevet Brig Gen, U, 8, A., and Gov, of California, longer time than two years. H. W. Hatcecn, Bvt, Capt., and Seo'y of State. Deaths and Marriages, MakiuKD. jo City, Oct 16th, by Rey. Wm. Benton, 9 to Mis Hane A. Penny, both of owper; nor in ume of be preseribed by law. cording to population, On thursday evening, Oct. 25th, in the Pucblo de San Jove de Guadvlupe, by the Kev. Mr. Campbell, Mr, Tarnor H. Guxen to Mis. Sanat Montaommay, both of that place, ed fora militia fine 1 time ef pigp. At Sacramento City, of dysentery, Capt. Axparw Warnine aged is. be passed. At wnento City, Oct Sth, Meri: Wenuen, of Bosto: a 28 after be At Sutter's, Bassani Reew, (of Booth Bay, Me.) by throwing himself from the bark Blvira; the body was recovered and interred after an inquest by # coroner's jury. Ss skal peaadibens “on inn Shunk September, of con- umption, Eou.y M., wife of Robert H Taylor, aged 27 the crossing of the Jubs river, Sept. 4th, Wat. D. Bianchanp, of Groton, Mass, of brain fever, aged 24 years On the bth Oct, of hasty consumption, Josxrn H. oe wg member of the Providence enjoy th born citizens. be tolerated in this State. unreasonable . on Saturday, Oct Oth, W aged 24. Oth too of imanuel Den, county Kilkenny. Ireland. At the Catholic chapel of San Francisco, 29th Sept., Wat. D. Dovenrary, of St. Louis, formerly # merchant in New Orleans. ‘On the Sth October, of consumption. at the Puebla de San Jove, Jons. L. Mowkett, son of John Morrell, Esq , of Williawrburgb, L | At Sacraments City, on Monday evening, Oct Sth, at VP M.. Mr. Jesse Pacions, aged about 38. Mr. Paule ven, in taking bis gun from boat, lifted it by the muzzle. and it exploded. shattertag his right arm from die wrist upward, and woundtig him so severely that he died im ten hours atter the accident. Mr Paulsen was recoud officer of the bark Isabel, Capt. Brewer, and leaves a wite wed either two or three children ia New York. They will mourn bis loss, though we trust it ‘was bin oterval gaiv, for he died, as we hope. a christian. At Sacramento City, about the 7th October, Air. Han- pEN Horxins, late of Norwich, Mr Hopkins was in very feeblo health when he landed at San Francisco, baving suffered much from sea sickness during the ‘voyage. in the ship Tresor tt, whick ieft Connecticut on the 24th of January. Much against the advice of his friends, he persisted in going to the mines. bat before reaching there. he was compelled, trom exhaustion, to teparate from bis party—being left at midnight on the roud leadivg tothe mining district During tho night Mr. Hl discovered a tent pitched, and resolved to make an effort toreach it. ‘The occupants hearing his ap- proach, and supposing that they were about to bo vieit- ed by a party of Indians, railied as sileatly as possible, and discharged their pistols, loaded with ball, at the unfortunate, without injuring him. however, be- fore he could eucceed in makiag them understand that he war no euemy, but @ friend in distress, As soon ag Des, a dence of t confession in epen court. s Se people. alter ma nothing herein contained may = fon, fro deem fost and proper. my, or breach of the peace. me, bona fide resideuts of this State, same rights in respect to the possession, enjoyment wnd inheritance of property, as native _Anrreze II. Right of Suffrage. , Src. 1. Every white male cunzen of the United States, und every white male eitizen of Mexico, who shall have elected to become a citizi United States, nnder the treaty of peace exchanged and retilied at Queretaro, on the 30th day of May, 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 distrietin which he clatms his vote thirty days, shal tled to vote at all élections which ar " 4 be authorized by law: Provided, that je shall be construed to prevent the Legislature, by a two-thirds concurrent vote, Irom admitting to the night of suffrage, Indi- ans or the descendapts of Indians, in euch special cages us such a proportion of the legislative body fiable ends, the party shall be acquitted : and the jury ehall have the mght to determine the law and Sxc. 10. The people shall have the right freely to assemble together, to consult for the common Ls, they babel und to peti- redress of grievances. Sec. 11 All laws of a general nature shall have ty shall be subordinate to the No standing army hail be kept up oy this State im time of peace ; and im ume of war no appropriation jor a standing army shall be for a Sec. 13. No soldier shall, in time of peace, be quartered in any house, without the consent of the ir, exceptia the manner to Sec. 14. Kepresentation shall be apportioned ac- sxe. 15, No person shall be imprisoned for debt, in any civil acon on mesne or tiaal process, unless in cases of frand; and no person shall be imprison Sec. 16. No bill of attainder, ex post facto law, or Jaw umpairing the obligation of contracts, shall ever Src. 17. Foreigners who are, or who may here- shall Sno. 18. JVeither slavery, nor tnvoluntary servi- tude, wnless for the punishment of crimes, shall ever Src. 19. The right of the people to be secure in their persons, houses, papers and eflects, against zures and searches, shall not be violeted ; and uo warrant shall issue but on proba- ble cause, supported by oath oraflirmation, partica- larly describing the place to be searched, and the and things to be seized. A ‘Treuson against the State shall consist only in levying war apainst it, adhering to its ene- iving them aid and comfort. » convicted of treason, unless ou the evi- © Witnesses to the sau overt act, or No person eC. 21. This enumeration of rights shall not be construed tu impair or deny others retained by the pt the ll be enti » now or here- “lectors shall, in all cases except trea- Peace, , rest on the days of the election, during their privileged this disc mad ived him with great | attendance at such election, going to and returning kindoe care of him until such tim therefrom. Sc. 8. No elector shall be obliged to perform mulitia duty on the day of elsction, except in time of war or public danger. t., , & widow and children, to wourn bis melancholy t ‘On beatd ship Regulus, on Monday. October 224, ot dysentery, Mr, So.omon Srovpanv, of Boston, aged 25 ears. Y Teavon ot his py in the service of ile engaged in the navi On board the steamer McKim, on her mer? fr to Sap Francisco, im latitude 10 degre New Ori: orth, longitude 110 degrees went, Mr Wat. L. Hommes | i Dint, of Mobile, Als. fhe subjest of this noties was | 128; &@ native of Saybrook Conn, ety n Stockton, om the loth October, Mr. Samvet. O y public prison Banwen, of Rhode Island Mr &. was third mate of th 5, Noid whaleship Ty ber, of Stonington (ona. which sbip he his disebarge from at the Saudwich Isiands, (after ving cruised with and filled ber.) aad came to this the privileges of an elector. See. 4, For the purpose of voting, no person shall be deemed to have gained or lost a residence sence or absence while em- he United States; nor mot the waters of 6 State, or of the United States, or of the high ‘or while a student of any seminary of learn- ; Ror while kept at any almenouse, or other juin, at public expense; nor while confined in ot or insane person, er person cen- f any infamous crime, shall be entitled to Sc. 6. All elections by the people shall be by country In Stocktom, on the 10th October, Mr. Sawver 8, | Pallot. fh d 28 years. Mr. P was from Row diane, _ Arniere TL. ¢ bas a father, mother, brothers sad sisters Distribution of Powers. The powers of th At San Freveisco, on the 10th Ootober, Micuam. Sut- At San Freneisoo, Vet 28th, Wa Wariace Coon, of N. J, wged 23 yor Tumento City, October 23d, ot typhoid Te D Kiwoves, aged about 21 years, of Fort a. At San Francisco, H. O. Axcero, son of Aubery An- AL At Stockton. October 17, NG Da pinw at Legis c. 1, The legislative pow be d Sandy Hook pilot, October 25. nH be wi rrtie, of New Bedfor l as loliows.” ; Ske. 2. The sessions of the October 19. Octoder 19, ork, October 21, Constitution of the State of California, choren annus reepective @ The delegates of the people, assembled in Con- vention, have formed a constiotion, whica is now presented tor your ratification, The ume and manner of voting on this constitution, and of hoid- ing the firet general election, are clearly set torch in the schedule. The whole suby thereto for your unbiased and deliberate consideratio The Pretect (or pereon exercising th tions of that office) of each district, will d igante the places for opening the polis, and give due uotice of ordance with the provisions of the constitution and schedule. ‘The people ure now called upon to forma go- t for themselves, and to designate h of- heer as they desire,to make and execate the laws. That their choice may be wisely made, and that the government #0 organized may secure the per- manent welfare and happ ness of the people of the new State, is the sincere and earnest wish of the resent Executive, who, if the constitution De ran od, will, with pleasure, surrender his powers to moor Ver the people may designate h ue shall be ¢ Sno. 4. e yeer. two years, atthe rane time an of Assembly; and no person #h «6 The w then one third, nor more than one half, of that of the men of the 1 fect, the a may be, inte two cle tore of the firet elas choren annually. Sree. “ cee Given at Me rey, California, this 12th day of October, A. D., 181%. possible (Skened) B. Raney Suc. 8. hy houee shall choosejits « Breve a General U.S. A., and Governor and judge of the qualitications, vs furs of its own members to do bus urn from day Ns, the People of Catiforma, grateful to Almighty God Jor owr frivdom, in order to secure ite bless ings, do establish this Constitution — Annes t f Rights. tare (ree aad indepen henable Mahle, ann ber may wd Taay prowide Ske. 1, All men are by dent, and have certain i Sao. 8. The night of tril by jury shall be secured to all, and remain jnviolateforever; bat a jary trial may be waived by the parties, in alleivil cases, In the manner to be preseribed by law. | Exc. 4. The free exercise and enjoyment of reli- | gious profession and worship, without diserim how oF preference, shall forever be allowed in this j the Hewielen | ecmmence the Gewernor, tenes of the Gover to fill euch vecanen See H4. The de liverty of sepy ton euch +e : secured, shall not be so construed | hehe Mey trquire wee we to excuse nets of licentiousness, of justify prac- me we aor a use ehall tices inoos etent with the peace of eatety of this | oevy other place chap that ia whieh they may “tc. 5. The privilege of the writ of habeas corpus | bet \ttin re 16. Any bill may ori hall not be suspended, unless when, in cases ot re- bellion or invasion, the public rately may require ite enepensien S10. 6. bx of the Legislature, amdfalt bi y be en i iw the other. wive bail ehall not be required, nor wll, bet Legi apoual, aod shell commence on fh of January, next ensuiog the election of its mem- bers; unless the Governor of the State shell, in the interum, convene the Legislature by proclama- er of 1 ec ad place be vorlor niteen days weat beter stand afler the termination of , without the ec ora for more thaa three da overnment of the State of Calijornia shall be divided into three partments: the Legislative, the Executive, dicil; and no person charged with the ex: powers properly belonging to one of these depart- Mepts, shull exercise any functions appertaining to either of the others; except m the cases heremaf- ter expressly directed or permitted. Articie IV, gislative Lépartment. orale des and Jus ise of State shall veted ina Senate and Assembly, which shall be designated the Legislature of the State of Cali- and the enacting clause of every law shal lows: “The people of the State of Califor. nia, represented in Senate and Assembly, do enact slature shall be first Monday “xc. 3. The members of the Assembly shall be » by the qualified electors of their cts, on the Tuesday oext atter the first Monday in November, uniess otherwise or- cered by the Legislature, and their term of office waters and members of Assembly it be duly qualified electors m the resjsecuve ties and districts Which they represent, pre. 6, Senators shall be chosen tort term of sas inembers a member of the Senate or Assembly, who has not beea a citi- zen and inhabitant of the State one H jistriet for which he shall + bis election. uber of Senators shall not be leas ear, and of be chosen, re of Assembly; and at the first session givlature efter this Consntution ators thal be divided by lot as equally anges; the seats of the Sena- all be vacated at the expr ration of the first year, so that one halt slall be takes ef- . When the number of Senators 13 in- creased, they shall be apportioned by let, 0 a8 to keep the two classes as nearly equal ia number as See 9 A majtnity of each house shall consti- os; bute smaller num- end may com yel the aueedance of absent members, in such tanner, end uadersuch penalties as each house house shall determine the roles pes, and may with the rence of ow o-thirde of all the members elected, exe aN net mot s the eh 13. When veeancies ocenr in either house, | the person exere shall issue write of elect w the fane- a 1a of each house shall be open, as m the opinion of whe . inate in either house | fie passed by one house Livery bil whech may have passed the ei becomes alaw, be pre= tere up from behind the rocks aud discharged | excessive nes imposed, wor shall cruel of anusual the ir arrows, Which took efiect upoa the persons eacanrmenae «dh intheted, nor shall witnesses be with his ob 1 unreasonably ceteimec ; - a whirled round, wad plunged down the bill sureties: unlers for copital ofe der it. If, sher such feoonsidetation, 1 volicy. tn passing the party he called ov is evident or the presuription great ‘. onnta 2 bath houses, BP end nays, by’ a Gr wd man, fire on them.” His order was obeyed Sx0. 8. No person ehall be held to answer for | ren jure beth houses, by yeas and mays, by A ntisbeleved without efleet. The guide, mortally | & capital or otherwise infamous crime (exe ia | Majority f ae iN be @ law, notwitt: wenneed, sprung from his horse, at t hie | Cases of impeachment, and in cases of militia when | Dow's Tee ite ot ! iil bt feiliog, did not fire, but remoanted aud rode | 1 actual ervice, and the land and aval forces in | Firing the tiocermers otyes tsbeall down the hull sate the valley, where the party had | time of wor, ar which this State may keep with the | | z been presented to him, (Sunday excepted.) never Capt. Warner had fallen from his male | consent of Cong in time of peace, and in cases | pire een iene ms nw, in hike manner asi! he Cond, with nine severe arrow wounds guide | Of petit lerceny under the regulation of the Lewia- | )0e tome hn ree the Legislaiate, by edjourn died the following morning. Two of the m-n were | lature lees on presentment or indictment ot a | HAC PREETI. Ware me x one of whom hae since died. The re- | qrand j nd i any trial in any court whatever, | 1 “The Avsembly shall have the role mainder of the party moved down the valley, ints | the party eecused shall be allowed to appear and leapeachenents ond on aehienta inete open ground, where the Indians did Hot ate | ind with counsel, as in civil ave | TnL ied by the Senate, Whee sitting fur terpt to follow them, and afier the death of the | shall be entject to be twice put | et urpore, the Senatore whall be upon oath of guide, travelled south until they caine to the emi« | 18 Jeopardy for the euine. off pp hag yd 8 be | afiimntion: and no person ehall be convicted ent trail, © ey followed be the ia | compelled, in any criminw 1 bem witne py ; ~ pling grant tral which they followed to their camp on } Compellsd, in any criminal ifec hberiy, of | wihont the concurrence wf two thirds of the men Captain Warnet to know thet his topovraphical | private property be taken for public use without | PC. 0 4 Comptroiler, Treasurer, Ac notes up to the hour of hie death ore in eat haa Jost compensation ty General, Surveyor G Justions of the tnd that the treats of hie long, patient aud arduous Sac. 9. Every citizen may freely epeak, write | Supreme Court and Judges ol ae D inet Courta, shall be hable to impeachment for any misde- D aener in offices but jug ‘nt in such 'enase shall extend only to removal fro. office, an disquali- ‘ion tohold any office = arene trust or profit, under se ies ut the party convicted, or ac- quitted, |! nevertheless be liable to indietment, tial and punishment, aeeording to law. All other civil ofheers shall be tried for misdemeanors in office, in such manner as the Legislature may pro- vice. See. 20. No Senator or member of Assembly hall, during the term for which he sball have been elected, be uppointed to. any evil office of profit, under this State, which shall have been created, oF the emoluments of which shall have been increased, dunpg such term, except such office as may be filled by elections by the people. Sec 21. No person holding any lucrative office under the United States, or any other power, shall be eligible to any e1vil office of protit, under this Stale; provided, that officers in the mulitia, to which there is attached vo annual salary, or local officers and postmasters whose compensation does not eaceed five hundred dollars per anuam, shall not be deemed lverative. s 2. No person who shall be convicted of the alement or defalcation of the public funds of this State, shail ever be eligible to any office of honor, trust, or profit, aader this State; and the Legislature shall, a3 soon a3 practicable, pase a low providing forthe pnoishment of such embezzle- ment, or defaleation, as a telony, Ske. 23. No money shall be drawn from the Treasury but in consequence of appropriations made by law. An accurate statement of the re- ceipts and expenditures of the public inonyes shall be attached to, und published with, the laws, at every regular session of the oe pee Ske 24. The members of the Legislatare shall receive for their services, a compensation to be fixed by Jaw, and paid out of the public treasury; but no increase of the compensetion shall take eflect dunng the term for which the members of either house shall have been elected. ’ See. 25. Every law enacted by the Legislature, shail embrace but one ob ect, and that shall be expressed im the ttle; and no law shall be revised, or wmended, by reference to its title; but in euch case, the act revised, or section amended, shall be re-enacted and published at length. _Sgc. 26. No divorce shalljoe granted by the Le- gisleture. z es :. 27. No lottery shall be authorised by this nor shall the sale of lottery tickets be al- Se |. ‘The enumeration of the mbhabitants of this State shall be taken, under the direction of the Legisiature,lin the year onesihousand eight hundred nd filty-two, and one thousand eight hundred and fifty-five, and at the end of every tem years there- after; and these enumerations, together with the sus thet may be takea, under the direction of the Congress of the United States, in the year one thousand eight hundred and fifty, and every sub- sequent ten years, shall serve as the basis of repre- sentotion in both houses of the Legislature. See. 29. The number of Senators and members of Ascembly, shall, at the firet session of the Legis- lature, holden alter the enumerations herein pro- vided for are made, be fixed by the Legislature, and apportioned among the several co and dis- tricts to be established by law, according to the number of white imbabitants. The number of members of Assembly shall not be lees than twen- ty-four, nor more than thirty-six, unt! the number of habitants 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. : sre. 80: When a congressional, senatonal, or asseinb ly district, shall 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, sena- torial, or assembly district. 5 Corporations may be formed under general laws, but shail not be created by special net, except for municipal purposes. All general Jawe and special acts passed pursuant to this sec- tion mey be altered from time to time, or repealed. § Dues from corporations shall be secured by such individual hability of the corporators, and other means, as may be prescribed by law. | s Sxc. 83. The term corporations, as used in this article, shall be construed to include all associa~ tions and joint-stock companies, having any of the wers or privileges of corporations not pesagenee yy individ or partnerships. Aad all corpora- tions shall have the right to sue, and shall be sub- jeet to be sued, in all courts, in like cases as paterel persone. Sec. 34. The Legislature shall have no power to pass eny vet granting any charter for bankiag pur- poses: but avsociations may be formed under general laws, for th posiic of gold and silver ; but ne such association shail make, issae, or put in ctreulation, any bill, cheek, ticket, certificate promineory note, or other paper, or the paper of any bauk, to circulate as moury. See. 85 The Legislature of this State shall pro- hibit, by law, any person or persons, association, or corporation, ing the prie gut banking, or creating paper to circulate as Ske. 36. Each stockholder of a corporation, or joint-stock association, shall be individually and voroeaally liable for his proportion of ail its debts and habiliues. See. 37. It shall be the duty of the Legislature to provide for the organization of cities and incorpo- ted village, aed to restrict their power of taxa- = wessment, borrowing money, contractiay je bts, abuses in assessments, and in contractiog debts by such municipal corporations. 4 See 88. Inall elections by the legislature, the members thereof shall vote viva voce, the votes tholl be entered on the journal. Axricie V. Executive Department, Src. 1, The supreme executive power of this State shall be vested in a chief magistrate, who hell be styled the Governor of the State of Cali- fornia She The Governor shall be eb qualified electors, at the time and ph 1 voung for members of Assembly, and #na'l nold his office two years from the tune of his installauion, and until his euceestor shall be qualitied 2 Sre. 3. No person shall be eligible to the office of Governor, (except ut the first election) who has not been « enofthe United States and a resi- dent of this State two years next preceding the tleetion, and attained the age of twenty-five years at the time of said election. : Sec. 4. The returns of every election for Gover- nor shell be sealed up aud transmitted to the seat of goveroment, directed to the Speaker of the Ag- sembly, whoshall, durmg the first week of the open and publish them in presence of both the legislatare. The person having the highest number ot votes shall be governor; ést number of vores, the Legn ature shall, by yornt- , | vote of both houses, choose one of sad persons, 60 having an equal and the highest samber of votes, for governor 5. Fhe Governor shall be commander-ia- the militia, the ar and navy, ot thie He shall transact all executive business with the officers of government, evil and military, end may require information ia wating trom the ofheers of the executive department, upon any officers. Sec. 7. He shall see that the lawe are faithfally executed, fre 5. When any office shall, from any cause, become vecwnt, and po mode is provided by the governor shall have power t@ fil euch vacaney by uieston, Which shallexpite at the {the Legislature, or at We by the people He may, on extraordinary oc: son, w next eleetic See. 9 convene the Legislature by proclaim tate to both houses, when ance jor which they shall have been convened. 10. He shall commante by message to lature, at every session, the condition of . and recommend such matters as he teepeet tothe time of ad, rite y shall have power to adjourn fuch time as he may think proe yvided it be not beyond the ume fixed for two houses, w ment, the wevert the Legielatore t ie ibe next Legislature, ting of th 2 vereon eball, while holdiog any fiiee nited States, of this State, exer- cee the cfhice of Governor, except as herematier eapreesly € Ste, “The Governor shall have the power to erapt reprieves, and pardons after conviction, tor and cases of impeaciie we, aod with each te- may think proper, subject to stich regulations as may be provided by nuer of applying for pardons. f treason he shalt have the od the execution of the sen tnt the enee ehall be reported to thy | ts neat ineeting, when the Legislature shall evher cn, Cureet the execution of the sen riher reprieve. Ee shail « nll offences except tre Legiclatnre, at the begron every ense of reprieve, oF pati 4 the # f the econviet, the enme of whieh ha ted, the sentenee and its date, and the date of the parden or reprieve. Sve M4. There shall be a seal of this State, which hall be kept by the Goweraor, and nsed by cvaily, nnd it shall be called “The great eval ate of California” » 15) All greets and comm the name and by the a Ftate of Californm, sr State, eger by the Seeret wae conv inns shall be in the atin | case any two or more heave an equal and the highs | ind loaning their credit, 80 as to prevent | ju | ath futyect relating to the duties of the respective | constitution and laws for filling such vaeany, the | led, the purpose | ‘ | Stet ig 16. cpa po Governor shall be elected at the same time and places, the Governor; und his term of office, and hie qual apuend of eligibility eball,,also be the same. Je shall be President of the Senate, but shall euly have wcastiog vote therem. If, during a vacancy of the Office of Governor, the Lieuteauut Governor tball be impeached, displaced, resign, die, or be come incapable of performing the dues of his cffice, or be absent from the State, the President of the Senate shall act as Governor, until the vacancy be { lied, or the disability shall cease. Sec. 17. In case of the impeachment of the Go- vernor, or his removal from vifice, deatn, inability to dicharge the powers and dauee of the said office, resignation or absence from the State, the powersand dates of the office shail devolve upon the Lieuterant Governor tor the residue of the term, or until the di i the Govern: Il, with the cones he Legisla- ture, be eur el the State in time of war, at the head of py military force thereof, he shall continue commuanderin-cbief of all the military force of the State. src. 18. A Secretary of State, a Comptroller, a Treasorer, an Attorary General and Sarvey or Gee neral, shall be chosen inthe manuer provided i this constitution; and the term of office, aad eligi- bilry of each, shatibe the came os are for the Governor and Lieuteoant Gove i Sec. 19 The Secretary of State shall be appoint ed by the Governor, by und with the advice ane consentof ihe Senate. He shall keeo # fair ree cord of the effiewl acts of the legislauve aad exe departments of the goverument; aad quired, lay the same, aod all matcers before either branch of the Lesise nd «halipertorm such other duties as shall ped him by law. sre 20. ‘The Comptroller, Treasurer, Attorney ral and Surveyor General, shail be chosen by ‘int vote of the Wo houses of the Lewistature, at their first tescion under this Constitution, and i be elected at the same time an. pleees, and m the seme manner, as the Governor and Liewtenaot Governor, ee. 21. The Govermeor, Lieutenant Governor, Secretary of Staie, nptroiler, ‘Treasurer, At torney General, and Surveyor General, shall each at stated times during their eootinuance in office, receive for their services # compensation, which shall not be inctessed or duniaished duriag the term for which they shall have been eleeted ; but neither of these officers shall receive for bis ‘owa use ony fees for the performance of his official duties. ty shailcease. But when Anxticie VI. Judierl Dipurtment. Src. 1. The judicial power of this State shall be vested in a Supreme Court, ia District Courts, in County Courts, and in SJusuces of the Peace. The Legislature may ul-o esteblish such municipal aud oiber inferior courts as mey be deemed necessary. Hee. 2. The Supreme Court shall consist of a Chiet Justice, and iwo Associate Justices, two ef whom chal! constitute a quorum. Ske. 3. The Jusuees of the Sapreme Court shall be elected at the general election, by the quabtied electors of the Sivie, and shall hold their office for the term of six years trom the first day of January next after their election ; provided that the Legise lature shall, at its first meeting. eleet a Chief Jus- nee and two Associate Justices of the Supreme Court, by joint vole of both honses, and so classify them thet one shall go oat of office every two years. After the first election, the senior Justice in commission shall be the Chiet Justice. Sxe. 4. The Supreme Court shall have appellate jurisdiction in all cases when the matter in dispute exceeds two bnndred collars, when the legality of any tax, toll, impost er municipal fine 18 in question: and in all criminal cases amounting to felony, or questions of law alone. Aud the said court, and each of the Justices thereof, as well as all district and county judges, shall have power to issue writs of habeas corpus, at the instance of any person held ip actual custody. They shall also have power to issue all other writs and process necessary to the exercise ot the appellate jurisdiction, and get be conservators of the peace throughout the tate. Sec. 5. The State shall be divided by the first legislature into a convenient number of districts, subject to such alieration from time to time as the public good may require; for each of which a dis- triat jucge snail be appointed by the joint vote of the legislature, at ite fret meeting, whe shall hold his office for two years fre ary next after his election; after which, said judges shall be elected by the qualified electors of their respective districts, at the general election, and shall hold their office for the term of six years. Sxc_ 6. The Distnet Courts shall have original jurisciction, mm law and equity, in all civil cases owhere the umount in dispute exceeds two huadred dollars, exclusive of interest ll eriminal eases | not otherwise provided for, and in all issues of fact | joined in the probate courts, their jurisdiction shall be unlimited. _ Sec. 7. The legislature shall provide for the elec- tion, by the people, of a Clesk of the Supreme Court, and County Clerks, District Attorneys, She- fis, Coroners, and ovher necessary officers; and | shall fix by law their duties and nsation.— | County Clerks shall he, ex-officio, clerks of the | District Courts in and for their respective counties. Sec. 8 There chall be elected m each of the organised counties of this State, one County Judge who shail hold his office for four yea e shall hold the Co wty Court.and perform the duties of Sorrogate, or Probate Judge. The County Jadge, with two Jestices of the Peace, to be desigaated according to law, ehall hold courts of sessions, withsueh criminal jurisdiction as the Legislature | thall preseribe, and he shall perform such other duties as shall be required by law. See. 9. The County Courts shall have such ju- Tisdietion, Justices Courts, and in special ¢ Legislature may prescribe, but shall have no original civil jurisdiction, except m such special eases. tec. 10. The times and places of holding the terms of the Supreme Court, and the general and special terms of the District Courts within the severe! districts, ehall be provided tor by law, fre Il No jrdiow! officer, except a Justice of the Pesce, shall receive, to his own use, any fees, or perquisites of ofliee, Seo. 12. The Legislature shall provide for the dy publication of all statute lows, aad of such cial decisions as it may deem expedient; and Jaws nod judicial decisions shall be tree tor pubs n by any person, rc 13. Tribunals for conciliation may be esta- blished, with even powers and duties as may be preseribed by law; but eueh tribunals shall have pligatory on t they voluatarily submet theur diflerence, and agree to abide the judg ment, or arsent thereto ia the presence of suc! |. in eneh casee as shall be preseribed by law, > 14. The, Legistature shall determine the f Justices of the Peace, to be elected in S and incorporated village and fix by law their powers, duties, poneibilities. if shall also determine in teases aspeals may be made from Justices’ 15. The preme Court, end Judges of the District Court, shail severally, at stored times during their cootinvance ia office, Teerive tor their services a compensation, to be paid out of the treasury, which shall not be reased shed during the term for which they shall have been eleeted. The county Judges shall also teverelly, at stated times, receive for theirservices # compensation to be paid oatef the county treasu | not their respective counties, which shall not be inerewsed or diminished during the term for which they hall have been elected s 16, The Justices of the Supreme Conrt and District Judges shall be ineligible to any other of- fee, coring the term for which they shall have been elected. : Sa Judgee shall not charge juries with re- fyect to matters of fact, but may state the testimo- sp no power to render judgment to be the partie i | be published therein, pst the State, for and ip the same maa- | three months next preceding the election at which It is subsutted to the people. Agniere IX. Educa Sec. 1. The Legi-iature shall provide for the election, by the poople, of « superintendent of pub- lie instruction, Who sheli held his office for three ears, and whose duvies shull be prescribed by law, and who shali receive such compensation a3 the Leguslavure ny sin cl. 4 ab Sac, ¢ Legislature shall encourage, suitable means, the promotion of He ead oe entific, moral and agricultural improvement. The proceeds of all lands that may be granted by the United States to this Srate for the support of echools, which may be sold or disposed of, aad five hundred thousand acres of land granted to the new slates, under an Congress distributi the proceeds of the public lands among the sever, states of the union, aporeved A. D 184); and all estates of deceased who may have died without leaving a will, « also such per cent. a8 may be gran'ed by va the sale of lands in this State, shall b+ and remain a perpetual fund, the interest of whic! ther with all the rents of the unsold laud other means as the Jegislature may provide, shull be taviolably ay propriated to the sapport of comnoa sehools. throughout the Stete Sc. 8. The Legisiatore shall provide for a sys= tem of common senools, by which a shoo! shall be ch district at least three : und ony shool distnet ne~ Supoort such a school, may »vorlon ot the interest of the egleet. 4. Legistature -tul take measures for the prot improvement, or other disposition of such lands as have been, or may hereafter be, ree served orgranted by (he aited States, or any person or persons to this Stet for the use of a Uaiversitys and the tands accruing te the rents or sale of such lands, or from any other senree, for the pur- pore aforeraid, shall be ay niin a permanent tund, the interest of whieh chill be apphed to the support of suid untversiiyv, with such branches ag the publie convenienos may deamad fur the pro- motion of literatmre, the wyt~ and sctences, aa may be authorized by the terms of such grant. And it shall be the duty of the Les siiiure, as soon as may be, to provide effectuol mevns for the improvement end permanent security of the funds of said univer- sity. poblic tond during » § Agticie X Mode of Amending wud ie Ske. xing the Constitution. ndments to this he Senate or As- pe agreed to by a 1. Any emendny ution may be prop sembly ; and it the same sill majority of the members elected to each of the two houses, such proposed amendment or amend- ments shall be entered on their journals, with the yeus and pays taken ther ou, wod referred to the gislature then pexti be chosen, and shall be any | published for three months next preceding the time of making such choice And i next chosen, as atoressis. sven proposed amend ment or amendments shell be agreed to by a majo- ty of all the members elected ‘ach house, then itehall be the duty of the Legistature to submit such propesed amendment or amendments to the people, in such manver, and at such time, as the Legislature shall preseribe ; and if the people shall approve and ratify such amendment or amend. ments, by @ majority of the electors qualified to vote for members of the Legislature voting there- on, such amendment or amendments shall become part of the constinyion Sxc. 2. And if, at any time, two-thirds of the Senate and Assembly shail think it nece to Tevise and change this eatire constitution, they thall recommend to the eleciors, at the next elee- tion for members of the Legislature, to vote for or against the cenventios if it shall appear that a majority of the el votiog at such election have voted in favor of evliing a convention, the Legislature shall, at its next session, provide by law for calling a couvention, to be holden within six months after the passage of such law; and such convention shal! consist of a number of mem- ‘bers not lees than that‘of both branches of the Legislature. in the Legislature Arricete XI. Miscellaneous Prowisions. Src. 1. The first session of the Legislatare shall be held at the Pueblo de Sin Jose, which place shell be the permanent seat of government, until removed by lu mvided, however, that two- thirds of all the members elected to each house of se Legislature shall concur in the passage of such aw. Sec. 2. Any citizen of this State who shall, after the adoption of this constitution, fight a duel with deadly weapons, or send or accept @ chal lenge to fight a duel with deadly weapons, either within this State or outot it; or who shall act as eecond, or knowingly wid or assist in any manner those bpm affend ug, Shull not be allewed to hold any office of prot wjoy the right of suffra; under this constitn Wis ie sp Sec. 8 Members of the Legislature, and all Officers, executive and jodieral, except such in- ferior officers us may be by lw exempted, shall, before oo rater on the duties of their respective offices, take and subscribe the following oath or affirmation — “1 do solemnly ewenr (or affirm, as the case moy be,) that | will support the constitation of the United States, and the cowstitution of the State of California; and that L will tathfuily diseharge the duties of the wtlice of ———, according to the best of my ability.” Aod no other oath, declaration, of test, shall be required os « qualification for any office or publie tiust Se. 4. The Legishotore shall establish a system of county and town governments, which shall be z neatly uniform as prectieable, throughout the State. Ske. 5. The Legislature shall have power to vide for the election of « boare of capuryiaeth ia each county ; wad these supervisors shail, jointly and individually, perform sv daties as may be preseribed by! h Ske. 6. All not pi wil officers whose e election or appoint. ov by Us eonstitation, and s iiuy hereatter be ereated by low, shall be eleeied by the people, or appointed. ob the Legislature may dircet. fre. 7. When the duration of any office is not provided for by this consi clared by law; wad it shall be held during ty eof the eathoriuy: he appointine nt; ne Hi the duration of y f ot fixed by this constitution, ever excred four years Ske. 8 The fiveal yeor shall commence on the first dey of July Ske 9. keeh county, ted village, ehall moke “wa, eity and ineorpora- State shall not in any orm aid of, aoy ine ration 5 aoe shall the manner be given dividual, association or State, directly or become a stockholder In any wssoeratn veation Ske. IL Saits may be brouwght against the State, neuch manner, and ia all be: directed by law. Sx. 12 No contre: duly made, shall be inv mity to the requiter Seo. 13. Taxation thronghout the State shall be taxed rn f marrage, if otherwise dated, for waot of eoafor+ any religous eect, be equal aed uniforar operty, In this State, 8 ctors of the dist property taxed tor ty OF town pHTpoOses 1s situated. 14. All property, boil real and personal, of the wife, owned or clamed by her before mar- tinge, and that acquired atrerwards by gift, devise or descent, thail be ber separate property; and Jawa shall be poseed re clearly defining the ny nnd declare the law. | Ske 18 The etyle of all process shall be “The cople ot the Stete of California ;” all the proseca. | ns shall be conducted in the name and by the outhority of the rame. Arricte Vil. Miltiva , fee. 1. The legislature shall provide by law tor crmenizing and discipline the mili ine manner es they hall deem expedient, incom patible with the constitution and laws of the United tro. 2. Officers of the militia shall be elected, ore pointed, in such manner as the legielatare ehoil from time to time direct; and shall be com- issioned by the governor. fro. 8. The gov hall have power to call forth the militia, to exeente the laws of the State, (0 suppress insurrections and repel invasions. Aatiere VILL State Debts. The Legislature shall not im any manner create apy cebt or debts, hability or liabilities, whieh hall sing'ty, or in the ogeregate, with any prev debte or habilinies, exceed the eum of three cred thousend dollars, except mm ease of war, to re- pel mvesen, OF suppress imaurrection, unless the fame shall be wuthorized by some law for some single ehjeet or work, tobe du ly specified there in, which law shall provide ind means, excels eve ef lowns, for the payment of the inter toch debs or lishility, aw it talls due, and also pay ond diseherge the principal of eneh debt or liabi jy within twenty years from. the time of the eon. treeting thereof, and shall be irrepeslable votil the pried jereat thereon ehall be pod and direharwed ; but no eneh law shall take effect une i, ata general election, it shall have been sub- mitted to the people, and have received a rity of all the vetes cast for and againet it at such elee- hon; end all money raised by wathority of sach lew hall be applied only to the specific object therein steted, or to the payment of the debt there. 4 such law shall be published in at paper in each judicial district, it one the wife, in te ws well to her sepa perty, astothat held i commen with her awe wholiales be passed providing for the registration of the Wire's separate property, Ske 15. The legreiatare shail protect by law, from forced rale, a eeriain pert of the home- stead and other property of all hed of families, 16. No perpetuities shail be allowed, ex- or eleemory nary 17. *. be disqualified from this State, who shall jog given or offered a F aypoiatment. avicted of by bribe, to p re hiseleet 18. Lawe ehall be 5 office, verving on juries, and from the right of wufirage, those who shall hereafter be convicted of bribery, periny. ry ther high ermmes. The privilege of tr i shall be supported by laws regulating cleet« and prohibiting, ander adequate penalties, all oodue influence thereon, frem power, bribery, tumult, or other improper preetiee Sac. 19. Absence from this State on hasiness of 2 he votes given at any on thall conatruce a choiwe, where not othere directed in this constitation 1. All laws, decrees, regulations, and pro~ which from their mature require publi« cation, shel! be published ia Eoglish and Spanish. Articce NIL Boundary ‘The houndary of the State of California ahall be a8 follows == : i Commencing at the point of intersection of the 42d degree of north tatitude wiih the L20th degree of longitode weet from Greenwieh, and ranamng ronth on the line of said 120th dew ~~ notil it miersects the 30h jetitede: thence ronning in & straight line in a eouthensterly direction to the river Colorado, oigt where it intersects the 8th degree of north f. ti thence down the middle of the channel oft enid river, to the boundary line betweea the Vnited States and Mexico, as established by the