and west through San Luis Obispo? That part of California north of the line could then form a state government while the southern portion would be left free to adopt a territorial system.1 No attention, however, seems to have been given the suggestion. Gwin's proposal was finally accepted and a standing committee of twenty was appointed by the chair to propose a plan for a state constitution.2 This committee did its work apparently between the regular sessions of the Convention, and from time to time submitted portions of plans for a state constitution. Such portions as were submitted were then taken up in the committee of the whole and discussed. It was called the standing Committee on the Constitution, and will be referred to as the Committee or as the Committee on the Constitution. 1 Browne, Debates, 22. 2 Ibid., 29. TH CHAPTER V E DEPARTMENTS OF GOVERNMENT ith the work of the Convention I shall consider departments of government as organized This will be followed by chapters dealing ee negro controversy; (2) the discussion over ndary for the new state; (3) corporations and cation and taxation; (5) a group of miscelons; and (6) a chapter on the sources of the 1849. Some of these were of course emons which were proposed as, or which became one of the articles dealing with the departnment, but obviously they are not concerned 1 organization of those departments. They der the head of directions to the departments evertheless they include the big questionsvital questions-and the discussion which gives them an interest in themselves. of the constitution declared that the powers of the state of California should be divided ate departments-the executive, the judicial, Ive-and that no person who exercised powers ing to one of these departments should exerction appertaining to either of the others, 1 mitted." The exceptions provided for were such as are found in most state constitutions: the power of the assembly to impeach and of the senate to try impeachment cases, of the governor to call special sessions of the legislature and to adjourn that body when the two houses could not agree upon a time for adjournment, and of the legislature to establish certain tribunals, to fix the time and place for holding terms of the higher state courts, and to determine the number of justices of the peace to be elected in each county.2 I. The Executive Department ernor. Ea for services or diminish nor should the perform of the arti adopted g the recess Commence the compti attorney g The executive department provided for a governor, who was to be the chief executive, for a lieutenant governor, a secretary of state, a comptroller, a treasurer, an attorney general, and a surveyor general, each to hold office for a term of two years. The governor and the lieutenant governor were to be elected by the qualified electors of the state. The former, with the advice and consent of the senate, was to have the power of appointing the secretary of state. The other executive officials-the comptroller, the treasurer, the attorney general, and the surveyor general-were to be chosen by the joint vote of the two houses of the legislature at their first session under the constitution, but after that they were to be elected at the same time and place and in the same manner as the governor and the lieutenant gov 1 Browne, Debates, 308. were negle vacancies hold office 2 Ibid., Constitution of California for 1849. Articles on executive, legislative and judicial departments. after due the officer office. S been unus it was str A sligh governor. Bidding hi it was vot ineligible |