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in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars; and also in all criminal cases not otherwise provided for. The district courts and their judges shall have power to issue writs of habeas corpus on petition by or on behalf of any person held in actual custody in their respective districts.
SEC. 7. There shall be in each of the organized counties of the State a county court, for each of which a county judge shall be elected by the qualified electors of the county, at the special judicial elections to be held, as provided for the election of justices of the supreme court by section three of this article. The county judges shall hold their offices for the term of four years from the ist day of January next after their election. Said courts shall also have power to issue naturalization-papers. In the city and county of San Francisco the legislature may separate the office of probate judge from that of county judge, and may provide for the election of a probate judge, who shall hold his office for the term of four years.
Sec. 8. The county courts shall have original jurisdiction of actions of forcible entry and detainer, of proceedings in insolvency, of actions to prevent or abate a nuisance, and of all such special cases and proceedings as are not otherwise provided for; and, also, such criminal jurisdiction as the legislature may prescribe; they shall also have appellate jurisdiction in all cases arising in courts held by justices of the peace and recorders, and in such inferior courts as may be established, in pursuance of section one of this article, in their respective counties. The county judges shall also hold in their several counties probate courts, and perform such duties as probate judges as may be prescribed by law. The county courts and their judges shall also have power to issue writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective counties.
SEC. 9. The legislature shall determine the number of justices of the peace to be elected in each city and township of the $tate, and fix by law their powers, duties, and responsibilities; Provided, Such powers shall not in any case trench upon the jurisdiction of the several courts of record. The supreme court, the district courts, county courts, the probate courts, and such other courts as the legislature shall prescribe, shall be courts of record.
Sec. 10. The legislature shall fix by law the jurisdiction of any recorder's or other inferior municipal court, which may be established in pursuance of section one of this article, and shall fix by law the powers, duties, and responsibilities of the judges thereof.
Sec. 11. The legislature shall provide for the election of a clerk of the supreme court, county clerks, district attorneys, sheriffs, and other necessary officers, and shall fix by law their duties and compensation. County clerks shall be ex-officio clerks of the courts of record in and for their respective counties. The legislature may also provide for the appointment by the several district courts of one or more commissioners in the several counties of their respective districts, with authority to perform chamber business of the judges of the district courts and county courts, and also to take depositions and to perform such other business connected with the administration of justice as may be prescribed by law.
Sec. 12. The times and places of holding the terms of the several courts of record shall be provided for by law.
SEC. 13. No judicial officer, except justices of the peace, recorders, and commissioners, shall receive to his own use any fees or perquisites of office.
Sec. 14. The legislature shall provide for the speedy publication of such opinions of the supreme court as it may deem expedient; and all opinions shall be free for publication by any person.
SEC. 15. The justices of the supreme court, district judges, and county judges shall severally, at stated times during their continuance in office, receive for their services a compensation, which shall not be increased or diminished during the term for which they shall have been elected: Provided, That county judges shall be paid out of the county treasury of their respective counties.
Sec. 16. The justices of the supreme court, and the district judges, and the county
judges, shall be ineligible to any other office than a judicial office during the term for which they shall have been elected.
Sec. 17. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
SEC. 18. The style of all process shall be, “The People of the State of California,” and all prosecutions shall be conducted in their name and by their authority.
Sec. 19. In order that no inconvenience may result to the public service from the taking effect of the amendments proposed to said article six by the legislature of 1861, no officer shall be superseded thereby, nor shall the organization of the several courts be changed thereby, until the election and qualification of the several officers provided for in said amendments.
Art. IX. SECTION 1. A superintendent of public instruction shall, at the special election for judicial officers to be held in the year 1863, and every four years thereafter at such special elections, be elected by the qualified voters of the State, and shall enter upon the duties of his office on the ist day of December next after his election.
ART. X. SEC. 2. And if at any time two-thirds of the senate and assembly shall think it necessary to revise or change this entire constitution, they shall recommend to the electors, at the next election for members of the legislature, to vote for or against a convention, and if it shall appear that a majority of the electors, voting at such election, have voted in favor of calling a convention, the legislature shall, at its next session, provide by law for calling a convention, to be holden within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the legislature. The constitution that may have been agreed upon and adopted by such convention shall be submitted to the people at a special election, to be provided for by law, for their ratification or rejection; each voter shall express his opinion by depositing in the ballot-box a ticket, whereon shall be written or printed the words “For the new constitution,” or “Against the new constitution.” The returns of such election shall, in such manner as the convention shall direct, be certified to the executive of the State, who shall call to his assistance the comptroller, treasurer, and secretary of state, and compare the votes so certified to him. If by such examination it be ascertained that a majority of the whole number of votes cast at such election be in favor of such new constitution, the executive of this State shall, by his proclamation, declare such new constitution to be the constitution of the State of California.
RATIFIED IN 1871.* Art. I. SEC, 22. The legislature shall have no power to make an appropriation, for any purpose whatever, for a longer period than two years.
* This amendment was proposed by the legislature in 1866, approved by the legislature in 1868, and ratified by the people in 1871.
Nore.-Several amendments to the constitution of the State of California were proposed at the twentieth session of the legislature thereof, and were referred to the legislature then next to be chosen, by which they were adopted. They must now be submitted to the people for ratification. (See “Statutes of California,” 1875–76, pp. 929-934.)
TREATY CEDING LOUISIANA-1803.
[See “ Louisiana," pages 687-689.]
CONVENTION BETWEEN UNITED STATES AND TEXAS-1838.
(See “ Texas," pages 1763, 1764.)
THE TREATY OF GUADALUPE HIDALGO-1848.
[See “California,” pages 185, 194.)
THE TERRITORIAL GOVERNMENT OF COLORADO-1861.
[THIRTY-Sixth CONGRESS, SECOND Session.]
An Act to provide a temporary government for the Territory of Colorado.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the territory of the United States included within the following limits, viz. : Commencing on the thirty-seventh parallel of north latitude, where the twenty-fifth meridian of longitude west from Washington crosses the same; thence north on said meridian to the forty-first parallel of north latitude; thence along said parallel west to the thirty-second meridian of longitude west from Washington ; thence south on said meridian to the northern line of New
* The area of the State of Colorado was ceded to the United States by France, the State of Texas, and Mexico. The northeast portion of the State, bounded north and south by the 41st and 42d parallels, east by the 25th meridian, and west by the Rocky Mountains, ceded by France, was a part of the original Territory of Nebraska, and was transferred to the Territory of Colorado. The eastern portion of the State, bounded north by the 40th parallel, east by the 25th meridian, south by the Arkansas kiver westward to the 26th meridian, and west by the Rocky Mountains, ceded by France, was a part of the original Territory of Kansas, and was transferred to the Territory of Colorado. The south eastern portion of the State, bounded on the north by the Arkansas River, east by the 25th meridian, south by the 37th parallel, and west by the 26th meridian, ceded by the State of Texas and by Mexico, was transferred from the original Territory of Kansas to the Territory of Colorado. The southern por. tion of the State, bounded on the north and south by the 38th and 37th parallels, east by the 26th meridian, and west by the Rocky Mountains, ceded by the State of Texas and Mexico, was transferred from the Territory of New Mexico to the Territory of Colorado. The western portion of the State, bounded north and south by the 41st and 420 parallels, east by the Rocky Mountains, and west by the 32d meridian, ceded by Mexico, was transferred from the Territory of Utah to the Territory of Colorado.
Mexico; thence along the thirty-seventh parallel of north latitude to the place of beginning, be and the same is hereby erected into a temporary government by the name of the Territory of Colorado: Provided, That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries and constitute no part of the Territory of Colorado until said tribe shall signify their assent to the President of the United States to be included within the said Territory, or to affect the authority of the Government of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent for the Government to make if this act had never passed: Frovided further, That nothing in this act contained shall be construed to inhibit the Government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State.
SEC. 2. And be it further enacted, That the executive power and authority in and over said Territory of Colorado shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the legislative assembly before they shall take effect; he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed.
Sec. 3. And be it further enacted, That there shall be a secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor, in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first day of December in each year, to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives and the President of the Senate for the use of Congress. And in case of the death, removal, or resignation, or other necessary absence of the governor from the Territory, the secretary shall have, and he is hereby authorized and required to execute and perform, all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy.
SEC. 4. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of nine menibers, which may be increased to thirteen, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall consist of thirteen members, which may be increased to twenty-six, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year.
An apportionment shall be made, as nearly equal as practicable, among the several counties or districts for the election of the council and house of representatives, giving to each section of the Territory representation in the ratio of its population (Indians excepted) as nearly as may be; and the members of the council and of the house of representatives shall reside in, and be inhabitants of, the district for which they may be elected, respectively. Previous to the first election the governor shall cause a census or enumeration of the inhabitants of the several counties and districts of the Territory to
be taken; and the first election shall be held at such time and places and be conducted in such manner as the governor shall appoint and direct; and he shall, at the same time, declare the number of the members of the council and house of representatives to which each of the counties or districts shall be entitled under this act. The number of persons authorized to be elected, having the highest number of votes in each of said council districts for members of the council, shall be declared by the governor to be duly elected to the council; and the person or persons authorized to be elected having the greatest number of votes for the house of representatives, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be elected members of the house of representatives: Provided, That in case of a tie between two or more persons voted for, the governor shall order a new election to supply the vacancy made by such tie. And the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor shall appoint; but thereafter the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives according to the population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided, That no one ses. sion shall exceed the term of forty days, except the first, which may be extended to sixty days, but no longer.
Sec. 5. And be it further enacted, That every free white male citizen of the United States above the age of twenty-one years, who shall have been a resident of said Territory at the time of the passage of this act, including those recognized as citizens by the treaty with the Republic of Mexico, concluded February two, eighteen hundred and forty-eight, and the treaty negotiated with the same country on the thirtieth day of December, eighteen hundred and fifty-three, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory; but the qualifications of voters and of holding office at all subsequent elections shall be such as shall be prescribed by the legislative assembly.
Sec. 6. And be it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of the act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents; nor shall any law be passed impairing the rights of private property; nor shall any discrimination be made in taxing different kinds of property; but all property subject to taxation shall be in proportion to the value of the property taxed.
Sec. 7. And be it further enacted, That all township, district, and county officers not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the Territory. The governor shall nominate and, by and with the advice and consent of the legislative council, appoint all officers not herein otherwise provided for; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the legislative assembly, and shall lay off the necessary districts for members of the council and house of representatives, and all other officers.
Sec. 8. And be it further enacted, That no member of the legislative assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said Territory.
SEC. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief-justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat