high crimes. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice.

§ 19. Absence from the State on business of the State, or of the United States, shall not affect the question of residence of any person.

§ 20. A plurality of the votes given at an election shall constitute a choice, where not otherwise directed in this Constitution.

§ 21. All laws, decrees, regulations, and provisions, which from their nature require publication, shall be published in English and Spanish.

ARTICLE XII.

BOUNDARY.

The boundary of the State of California shall be as follows:

Commencing at the point of intersection of forty-second degree of north latitude with the one hundred and twentieth degree of longitude west from Greenwich, and running south on the line of said one hundred and twentieth degree of west longitude until it intersects the thirty-ninth degree of north latitude; thence running in a straight line in a south-easterly direction to the river Colorado, at a point where it intersects the thirtyfifth degree of north latitude; thence down the middle of the channel of said river, to the boundary line between the United States and Mexico, as established by the treaty of May 30th, 1848; thence running west and along said boundary line to the Pacific ocean, and extending therein three English miles; thence running in a north-westerly direction, and following the direction of the Pacific coast to the forty-second degree of north latituddė; thence on the line of said forty-second degree of north latitude to the place of beginning. Also all the islands, harbors and bays, along and adjacent to the Pacific coast.

SCHEDULE.

SECTION 1. All rights, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, and all laws in force at the time of the adoption of this Constitution, and not inconsistent therewith, until altered or repealed by the Legislature, shall continue as if the same had not been adopted.

§ 2. The Legislature shall provide for the removal of all causes which may be pending when this Constitution goes into effect, to courts created by the same.

§3. In order that no inconvenience may result to the public service from the taking effect of this Constitution, no office shall be superseded thereby, nor the laws relative to the duties of the several officers be changed, until the entering into office of the new officers to be appointed under this Constitution.

§ 4. The provisions of this Constitution concerning the term of residence necessary to enable persons to hold certain offices therein mentioned, shall not be held to apply to officers chosen by the people at the first election, or by the Legislature at its first session. § 5. Every citizen of California declared a legal voter by this Constitution, and every citizen of the United States a resident of this State on the day of election, shall be entitled to vote at the first general election under this Constitution, and on the question of the adoption thereof.

next.

§ 6. This Constitution shall be submitted to the people, for their ratification or rejection, at the general election to be held on Tuesday, the thirteenth day of November The executive of the existing government of California is hereby requested to issue a proclamation to the people, directing the prefects of the several districts, or in case of vacancy, the Sub-prefects, or Senior Judge of first instance, to cause such election to be held, the day aforesaid, in the respective districts. The election shall be conducted in the manner which was prescribed for the election of Delegates to this Convention, except that the Prefect, Sub-prefect, or Senior Judge of first instance ordering such election in each district, shall have power to designate any additional number of places for opening the polls, and that in every place of holding the election a regular poll list shall be kept by the Judges and Inspectors of election. It shall also be the duty of these Judges and Inspectors of election, on the day aforesaid, to receive the votes of the electors qualified to vote at such election. Each voter shall express his opinion, by depositing in the ballot box a ticket, whereon shall be written, or printed, "For the Constitution," or Against the Constitution," or some such words as will distinctly convey the intention of the voter. These Judges and Inspectors shall also receive the votes for the several officers to be voted for at the said election as herein provided. At the close of the election, the Judges and Inspectors shall carefully count each ballot, and forthwith make duplicate returns thereof to the Prefect, Sub-prefect, or Senior Judge of first instance, as the case may be, of their respective districts; and said Prefect, Sub-prefect, or Senior Judge of first instance, shall transmit one of the same, by the most safe and

rapid conveyance, to the Secretary of State. Upon the 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 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 afore mentioned 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 thenceforth this Constitution shall be ordained and established as the Constitution of California.

§ 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.

§ 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.

§ 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.

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.

§ 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.

§ 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.

§ 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. § 14. Until the Legislature shall divide the State into counties, and Senatorial and Assembly Districts, as directed in this Constitution, the following shall be the apportionment of the two houses of the Legislature, viz: the districts of San Diego and Los Angelos 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 Angelos, two members of Assembly; the district of Santa Barbara, two members of Assembly; the district of San Luis Obispo, one member of Assemly; 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. § 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 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.

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§ 16. The limitation of the powers of the Legislature, contained in article eighth 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.

CONSTITUTION OF CONNECTICUT. 1818.*

PREAMBLE.

The people of Connecticut, acknowledging with gratitude the good providence of God, in having permitted them to enjoy a free government, do, in order more effectually to define, secure and perpetuate the liberties, rights and privileges which they have derived from their ancestors, hereby, after a careful consideration and revision, ordain and establish the following Constitution and form of civil government.

ARTICLE I.

DECLARATION OF RIGHTS.

That the great and essential principles of liberty and free government may be recognized and established,

WE DECLARE,

SECTION 1. That all men, when they form a social compact, are equal in rights; and that no man, or set of men, are entitled to exclusive public emoluments, or privileges, from the community.

§ 2. That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that they have, at all times, an undeniable and indefeasible right to alter their form of government in such a manner as they may think expedient.

§ 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in this State; provided, that the right hereby declared and established shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the State.

4. No preference shall be given by law to any christian sect or mode of worship. 5. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

§ 6. No law shall ever be passed to curtail or restrain the liberty of speech or of the press.

§ 7. In all prosecutions or indicments for libel the truth may be given in evidence; and the jury shall have the right to determine the law and the facts, under the direction of the court.

§ 8. The people shall be secure in their persons, houses, papers and possessions from unreasonable searches or seizures; and no warrant to search any place, or to seize any person or things, shall issue, without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation.

§ 9. In all criminal prosecutions the accused shall have a right to be heard by himself and by counsel; to demand the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process to obtain witnesses in his favor; and in all prosecutions by indictment or information, a speedy public trial by an impartial jury. He shall not be compelled to give evidence against himself, nor be deprived of life, liberty or property but by due course of law. And no person shall be holden to answer for any crime the punishment of which may be death or imprisonment for life, unless on a presentment or an indictment of a grand jury, except in the land or naval forces, or in the militia, when in actual service, in time of war, or public danger.

§ 10. No person shall be arrested, detained or punished, except in cases clearly warranted by law.

§ 11. The property of no person shall be taken for public use, without just compensation therefor.

*This State was governed by the charter of Charles II (granted April 23, 1662), until the adoption of this Constitution on the 15th of September, 1818.

§ 12. All courts shall be open, and every person, for an injury done him in his person, property or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.

13. Excessive bail shall not be required, nor excessive fines imposed.

14. All prisoners shall, before conviction, be bailable, by sufficient sureties, except for capital offenses, where the proof is evident, or the presumption great; and the privileges of the writ of habeas corpus shall rot be suspended, unless when in case of rebellion or invasion, the public safety may require it; nor in any case but by the Legislature.

§ 15. No person shall be attainted of treason or felony but by the Legislature.

§ 16. The citizens have a right, in a peaceable manner, to assemble for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, address or remonstrance.

17. Every citizen has a right to bear arms in defense of himself and the State.

18. The military shall, in all cases and at all times, be in strict subordination to the civil power.

$ 19. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war but in a manner to be prescribed by law.

§ 20. No hereditary emoluments, privileges or honors shall ever be granted or conferred in this State.

§ 21. The right of trial by jury shall remain inviolate.

ARTICLE II.

OF THE DISTRIBUTION OF POWERS.

The powers of government shall be divided into three distinct Departments, and each of them confided to a separate magistracy, to wit: those which are Legislative, to one; those which are Executive, to another; and those which are Judicial to another.

ARTICLE III.

OF THE LEGISLATIVE DEPARTMENT.

SECTION 1. The Legislative power of this State shall be vested in two distinct Houses or branches: the one to be styled THE SENATE, the other THE HOUSE OF REPRESENTATIVES, and both together THE GENERAL ASSEMBLY. The style of their laws shall be: Be it enacted by the Senate and House of Representatives, in General Assembly convened.

§ 2. There shall be one stated session of the General Assembly, to be holden in each year, alternately at Hartford and New Haven, on the first Wednesday of May, and at such other times as the General Assembly shall judge necessary; the first session to be holden at Hartford; but the person administering the office of Governor may, on special emergencies, convene the General Assembly at either of said places, at any other time. And in case of danger from the prevalence of contagious diseases in either of said places, or other circumstances, the person administering the office of Governor, may, by proclamation, convene said Assembly at any other place in this State.

§3. The House of Representatives shall consist of electors residing in towns from which they are elected. The number of Representatives from each town shall be the same as at present practiced and allowed. In case a new town shall hereafter be incorporated, such new town shall be entitled to one Representative only; and if such new town shall be made from one or more towns, the town or towns from which the same shall be made shall be entitled to the same number of Representatives as at present allowed, unless the number shall be reduced by the consent of such town or towns. *

§ 4. The Senate shall consist of twelve members, to be chosen annually by the electors.+

§ 5. At the meetings of the electors, held in the several towns in this State, in April annually, after the election of representatives, the electors present shall be called upon to bring their written ballots for Senators. The presiding officer shall receive the votes of the electors, and count and declare them in open meeting. The presiding

*The number of Representatives in General Assembly in 1866 was 237.

† Altered by amendment of 1828, which allowed not less than 18 nor more than 24. There are now 21 Senatorial Districts.

Altered by amendment of 1828.

officer shall also make duplicate lists of the persons voted for, and of the number of votes for each, which shall be certified by the presiding officer; one of which lists shall be delivered to the Town Clerk, and the other within ten days after said meeting, shall be delivered, under seal, either to the Secretary or to the Sheriff of the county in which said town is situated; which list shall be directed to the Secretary, with a superscription expressing the purport of the contents thereof. And each Sheriff who shall receive suchi votes shall, within fifteen days after said meeting, deliver, or cause them to be delivered, to the Secretary.

§ 6. The Treasurer, Secretary and Comptroller, for the time being, shall canvass the votes publicly. The twelve* persons having the greatest number of votes for Senators shall be declared to be elected. But in cases where no choice is made by the electors, in consequence of an equality of votes, the House of Representatives shall designate, by ballot, which of the candidates having such equal number of votes shall be declared to be elected. The return of votes and the result of the canvass shall be submitted to the House of Representatives, and also to the Senate, on the first day of the session of the General Assembly; and each House shall be the final judge of the election returns and qualifications of its own members.

§ 7. The House of Representatives, when assembled, shall choose a Speaker, Clerk and other officers. The Senate shall choose its Clerk and other officers, except the President. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each house may prescribe.

§ 8. Each House shall determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the Legislature of a free and independent State.

§ 9. Each House shall keep a journal of its proceedings, and publish the same, when required by one fifth of its members, except such parts as, in the judgment of a majority, require secrecy. The yeas and nays of the members of either House shall, at the desire of one-fifth of those present, be entered on the journals.

§ 10. The Senators and Representatives shall, in all cases of civil process, be privileged from arrest during the session of the General Assembly, and for four days before the commencement and after the termination of any session thereof. And for any speech or debate in either House they shall not be questioned in any other place.

§ 11. The debates of each House shall be public, except on such occasions as, in the opinion of the House, may require secrecy.

ARTICLE IV.

OF THE EXECUTIVE DEPARTMENT.

SECTION 1. The supreme executive power of the State shall be vested in a Governor, who shall be chosen by the electors of the State, and shall hold his office for one year from the first Wednesday of May next succeeding his election, and until his successor be duly qualified. No person who is not an elector of this State, and who has not arrived at the age of thirty years, shall be eligible.

§ 2. At the meetings of the electors in the respective towns, in the month of April in each year, immediately after the election of Senators, the presiding officers shall call upon the electors to bring in their ballots for him whom they would elect to be Governor, with his name fairly written. When such ballots shall have been received and counted, in the presence of the electors, duplicate lists of the persons voted for, and of the number of votes given for each, shall be made and certified by the presiding officer; one of which lists shall be deposited in the office of the Town Clerk within three days, and the other within ten days after said election, shall be transmitted to the Secretary, or to the Sheriff of the county in which such election shall have been held. The Sheriff receiving said votes shall deliver, or cause them to be delivered, to the Secretary, within fifteen days after next said election. The votes so returned shall be counted by the Treasurer, Secretary and Comptroller, within the month of April. A fair list of the persons, and number of votes given for each, together with the returns of the presiding officers, shall be, by the Treasurer, Secretary and Comptroller, made and laid before the General Assembly, then next to be holden, on the first day of the session thereof; and said Assembly shall, after examination of the same, declare the person whom they shall find to be legally chosen, and give him notice accordingly. If no person shall have a majority of the whole

* Altered by amendment of 1836. † Altered by amendment of 1836 and 1864.