Page:The Federal and state constitutions vol1.djvu/445

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California—1849
403

submit such proposed amendment or amendments to the people in such manner and at such time as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the legislature, voting thereon, such amendment or amendments, shall become part of the Constitution.

Sec. 2. And if, at any time two-thirds of the senate and assembly shall think it necessary to revise and change this entire constitution, they shall recommend to the electors, at the next election for members of the legislature, to vote for or against the 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.


Article XI

miscellaneous provisions

Section 1. The first session of the legislature shall be held at the Pueblo de San Jose; which place shall be the permanent seat of government until removed by law: Provided, however, That two-thirds of all the members elected to each house of the legislature shall concur in the passage of such law.

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 a challenge to fight a duel with deadly weapons, either within this State or out of it; or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage under this constitution.

Sec. 3. Members of the legislature, and all officers, executive and judicial, except such inferior officers and may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation:

“I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the constitution of the State of California, and that I will faithfully discharge the duties of the office of ——, according to the best of my ability.”

And no other oath, declaration, or test, shall be required as a qualification for any office or public trust.

Sec. 4. The legislature shall establish a system of county and town governments, which shall be as nearly uniform as practicable throughout the State.

Sec. 5. The legislature shall have power to provide for the election of a board of supervisors in each county; and these supervisors shall jointly and individually perform such duties as may be prescribed by law.

Sec. 6. All officers whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed as the legislature may direct.