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tioned, shall not be held to apply to officers chosen by the people at the first election, or by the legislature at its first session.

Sec. 5. Every citizen of California declared a legal voter by this con. stitution, 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.

Sec. 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 next. 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, on the day aforesaid, in their respective districts. The election shall be conducted in the manner which was prescribed for the election of delegates to the convention, except that the prefect, subprefect, 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 for 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 forth with 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 aforementioned 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.

Sec. 7. If this constitution shall be ratified by the people of California, the executive of the existing government is hereby requested, immediately after the same shall be ascertained, in the manner herein directed, to cause a fair copy thereof to be forwarded to the President of the United States, in order that he may lay it before the Congress of the United States.

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

Sec. 9. If this constitution shall be ratified by the people of California, the legislature shall assemble at the seat of government on the fifteenth day of December next; and, in order to complete the organization of that body, the Senate shall elect a president pro tempore, until the lieutenant governor shall be installed into office.

Sec. 10. On the organization of the legislature, it shall be the duty of the secretary of state to lay before each house a copy of the abstract made by the board of canvassers, and, if called for, the original returns of election, in order that each house may judge of the correctness of the report of said board of canvassers.

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

Sec. 12. The senators and representatives to the Congress of the United States, elected by the legislature and people of California as herein directed, shall be furnished with certified copies of this constitution, when ratified, which they shall lay before the Congress of the United States, requesting, in the name of the people of California, the admission of the State of California into the American Union.

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

Sec. 14. Until the legislature shall divide the State into counties and senatorial and assembly districts, as directed by this constitution, the following shall be the apportionment of the two houses of the legislature, namely: the districts of San Diego and Los Angeles shall, jointly, elect two senators; the districts of Santa Barbara and San Luis Obispo shall, jointly, elect one senator; the district of Monterey, one senator; the district of San José, one senator; the district of San Francisco, two senators; the district of Sonoma, one senator; the district of Sacramento, four sen. ators; and the district of San Joaquin, four senators. And the district of San Diego shall elect one member of assembly; the district of Los Angeles, two members of assembly; the district of Santa Barbara, two members of assembly; the district of San Luis Obispo, one member of assembly; the district of Monterey, two members of assembly; the district of San José, three members of assembly; the district of San Francisco, five members of assembly; the district of Sonoma, two members of assembly; the district of Sacramento, nine members of assembly; and the district of San Joaquin, nine members of assembly.

Sec. 15. Until the legislature shall otherwise direct, in accordance with the provisions of this constitution, the salary of the governor shall be ten thousand dollars per annum; and the salary of the lieutenant governor shall be double the pay of a State senator; and the pay of members of the legislature shall be sixteen dollars per diem while in attendance, and sixteen dollars for every twenty miles travel by the usual route, and in returning therefrom. And the legislature shall fix the salaries of all officers other than those elected by the people at the first election.

Sec. 16. The limitation of the powers of the legislature, contained in article 8th of this constitution, shall not extend to the first legislature

elected under the same, which is hereby authorized to negotiate for such amount as may be necessary to pay the expenses of the State government.

R. SEMPLE,
President of the Convention, and delegate from Benicia.

WM. G. MARCY,

Secretary.

J. Aram.
C. T. Botts.
E. Brown.
J. A. Carrillo.
J. M. Covarubias.
E. O. Crosby.
P. De La Guerra.
L. Dent.
M. Domirguez.
K. H. Dimmick.
A. J. Ellis.
S. C. Foster.
E. Gilbert.
W. M. Gwinn.
H. W. Halleck.
Julian Hanks.
L. W. Hastings.
Henry Hill.
J. Hobson.
J. McH. Hollingsworth.
J. D. Hoppe.
J. M. Jones.
T. 0. Larkin.
Francis J. Lippett.

B. S. Lippincott.
M. M. McCarver.
John McDougal.
B. F. Moore.
Myron Norton.
P. Ord.
Miguel Pedrorena.
A. M. Pico.
R. M. Price.
Hugo Reid.
Jacinto Rodriguez.
Pedro Sansevaine.
W. E. Shannon.
W. S. Sherwood.
J. R. Snyder.
A. Stearns.
W. M. Steuart.
J. A. Sutter.
Henry A. Tefft.
S. L. Vermule.
M. G. Vallejo.
J. Walker.
0. M. Wozencraft.

STATE DEPARTMENT OF CALIFORNIA,

Monterey, October 17, 1849. Major: Captain Kane, on the 15th instant, turned over from the " civil fund" to Major H. Hill the sum of $15,500, and holds Major Hili's re. ceipts to Major Leonard for that amount. Captain Kane will send these receipts to you, in order that you may get from Major Leonard drafts on the pay department for that amount. The civil fund should not be loaned to the military departments simply on receipts; drafts on the heads of the departments in Washington should be required in all cases. Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captuin, and Secretary of State. Major R. ALLEN,

Civil Treasurer, San Francisco, California.

STATE DEPARTMENT OF CALIFORNIA,

Monterey, October 17, 1849: COLONEL: The governor has taken the advice of such delegates of the convention as were most likely to understand such subjects, as to the propriety of appointing harbor-masters in places other than ports of entry and delivery, and the opinion expressed by all is, that such is not the practice in the States. If, however, it should prove upon further inquiry that it is usual to make such appointments, and a harbor-master is required at “ New York of the Pacific," it will afford him pleasure to make an appointment as you request. Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captain, and Secretary of State. Colonel J. D. STEVENSON,

San Francisco, California.

Know all men by these presents, that I, Bennet Riley, brevet brigadier general United States army, and governor of California, by virtue of authority in me vested, do hereby appoint and commission Henry A. Schoolcraft a notary public in and for the district of Sacramento, California.

Given under my hand and seal at Monterey, California, this 17th day of October, in the year of our Lord eighteen hundred and forty-nine.

B. RILEY, Brevet Brig. Gen. U. S. Army, and Governor of California. Official:

H. W. HALLECK, Brevet Captain, and Secretary of State.

STATE DEPARTMENT OF CALIFORNIA,

Monterey, October 19, 1849. • Sir: The governor has deemed proper to direct the prefect of Santa Barbara to excuse you from the further performance of the duties of regi. dor of that town. Very respectfully, your obedient servant,

H. W. HALLECK,

Brevit Captain, and Secretary of State. DANIEL Hill, Esq., Santa Barbara, California. ,

STATE DEPARTMENT OF CALIFORNIA,

Monterey, October 19, 1849. Sir: The governor has decided that, for reasons given in the papers enclosed in the communication of the acting alcalde of August 29, Daniel Hill be excused from the duties of regidor of Santa Barbara. Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captain, and Stcretary of State. Don Joaquin Carrillo,

Prefect of Santa Barbara, California.

STATE DEPARTMENT OF CALIFORNIA,

Monterey, October 19, 1849. Sir: Your letter of August 11, enclosing a communication from George W. Vincent respecting the appointment of a branch pilot at San Francisco, was duly received. The governor was unwilling to act in this matter till he should ascertain what time it was proposed to put in operation the new government under the constitution; and now that the existing government is so very soon to be superseded, he deems it best to leave the subject of organizing branch pilots for the several ports of California to the legislature which is to assemble in December next. Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captain, and Secretary of State. Captain E. A. KING,

Harbor-master, San Francisco, California.

STATE DEPARTMENT OF CALIFORNIA,

Monterey, October 19, 1849. SIR: I am directed by the governor to acknowledge the receipt of your letter (without date) complaining of the conduct of the sub-prefect of the district. The letter has been referred to the prefect, who will take the proper measures to investigate the official conduct of said sub-prefect. Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captain, and Secretary of State. PATRICK BRIEN,

San Juan Bautista, California.

STATE DEPARTMENT OF CALIFORNIA,

Monterey, October 19, 1849. Sir: I am directed by the governor to acknowledge the receipt of your letter of the 3d instant, enclosing a petition of the citizens of Sonoma for a special election to fill certain vacancies in town offices. If any such vacancies exist the prefect should give due notice, and hold an election for filling them. Very respectfully, your obedient servant,

H. W. HALLECK,

Brevet Captain, and Secretary of State. Hon. C. P. WILKINS,

Prefect of Sonoma, California.

STATE DEPARTMENT OF CALIFORNIA,

Monterey, October 19, 1849. · Sir: An appointment as prefect of the district of San Diego was made out and forwarded to you some time in August last, but no copy was re

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