PART I.

OF THE SOVEREIGNTY AND PEOPLE OF THE STATE,
AND OF THE POLITICAL RIGHTS AND DUTIES OF
ALL PERSONS SUBJECT TO ITS JURISDICTION.

TITLE I. SOVEREIGNTY OF THE STATE.

II. PERSONS COMPOSING THE PEOPLE OF THE

STATE.

III. POLITICAL RIGHTS AND DUTIES OF ALL
PERSONS SUBJECT TO THE JURISDICTION
OF THE STATE.

TITLE I.

SOVEREIGNTY OF THE STATE.

CHAPTER I. Residence of Sovereignty.

II. Territorial Jurisdiction of the State.
III. General Rights of the State over Persons.
IV. General Rights of the State over Prop-
erty.

CHAPTER I.

RESIDENCE OF SOVEREIGNTY.

SECTION 30. Sovereignty resides in the people.

30. The sovereignty of the State resides in the people thereof, and all writs and processes must issue in their name.

Soverresides in

eignty

the people.

!

NOTE.-See Art. I, Sec. 10, Const. of the United States, in Appendix, post, and note; Art. I, Sec. 2, of the Const. of California, and note, as to sovereignty, and Art. VI, Sec. 16, as to style of process.

DECISIONS BY FEDERAL COURTS.-The States of the Union became sovereign powers on the fourth day of July, 1776.-McIlvaine vs. Coxe, 4 Cr., p. 209; Bank of U. S. vs. Daniel, 12 Pet., p. 33; Bennett vs. Boggs, Bald., p. 60. Every body politic is an absolute despotism, distributing its powers and checks as it pleases.Livingston vs. Moore, 7 Pet., p. 546; Bald., p. 424. The people of the several States are absolutely sovereign within their respective States, excepting only the powers surrendered by the Federal Constitution.-Ohio Life Ins. and Trust Co. vs. Debolt, 16 H., p. 428; Taney, C.J. The legislative authority granted by the Federal Constitution are concessions of sovereignty from the people of the States.-Dodge vs. Woolsey, 18 H., p. 349; Wayne, J. To exercise powers not granted or delegated would be as gross usurpation by the Federal Government as for a State to interpose its authority against a law of the Union.-Id. Sovereignty resides in the great body of the people, not as individuals, but in their political capacity only.-Penhallow vs. Doane's Administrators, 3 D., p. 93; Iredell, J. The States retain in severalty a distinct but qualified sovereignty.Hubbard vs. Northern R. R. Co., 3 Bl. C. C., p. 84. The States are constituent parts of the United States; they are members of one great empire; for some purposes sovereign, for some purposes subordinate.Cohens vs. Virginia, 6 Wh., p. 414; Marshall, C. J.

DECISIONS BY SUPREME COURT OF CALIFORNIA.— Sovereignty is a term used to designate the supreme political power of a State or Nation.-Moore vs. Smaw, and Fremont vs. Flower, 17 Cal., p. 199. In this country this authority is vested in the people, and is exercised through the joint action of the Federal and State Governments. Certain powers are expressly delegated to the former, but the exercise of all others not expressly prohibited is reserved to the people of the States respectively, or by them vested in their local governments.-Id. Sovereignty is a unit; cannot be divided, and resides with one party only.-Warner vs. Steamer Uncle Sam, 9 Cal., p. 720. State Constitution formed for the purpose of establishing a State Government, but it does not ex proprio vigore create local or municipal governments.-People vs. Provines, 34 Cal., p. 520; People vs. De la Guerra, 40 Cal., p. 311. Sovereignty, in its application to Nations, is treated by

Field, in his Draft Outlines for an International Code,
p. 8, et seq., where he says that Bluntschli enumerates
the following rights as included in the sovereignty of a
Nation: 1. To make its own Constitution; 2. To legis-
late independently for its people and territory; 3. To
govern and administer itself; 4. To choose its own offi-
cers; 5. To appoint and accredit its representatives to
foreign Nations. Fiore, Nouv. Dr. Int., Chap. 11, Pt.
1, lays stress on the right of organization as the cen-
tral element of internal sovereignty, and this is the
American doctrine. The right of self-preservation is
evidently inherent in that of sovereignty, but it seems
unnecessary to define it. If it were to be defined, it
might, perhaps, be in such a mode as follows: every
Nation has the right of self-preservation, to be made
effectual within its territorial jurisdiction by any means
which its sovereignty can exercise; and beyond its juris-
diction, by such means as are consistent with the pro-
visions of this Code (Interna. Code), and of its own
personal compacts.-Ortolan Régles Int. et Dipl. de la
Mer., Vol. I, p. 50. The questions of State sovereignty,
powers, and reserved rights are fully and ably discussed
by the Supreme Court of California, Temple, J., in the
case of The People vs. Brady, 40 Cal., p. 198, Justices
Wallace, Sprague, and Crockett concurring, and Jus-
tice Rhodes dissenting.

CHAPTER II.

TERRITORIAL JURISDICTION OF THE STATE.

SECTION 33. Territorial jurisdiction; limitations on.

34. Legislative consent to purchase, etc., of lands by United
States for public use; jurisdiction over.

jurisdic

tations on.

33. The sovereignty, and jurisdiction of this State Territorial extends to all places within its boundaries as estab- tion, limilished by the Constitution, but the extent of such jurisdiction over places that have been or may be ceded to, purchased, or condemned by the United States, is qualified by the terms of such cession or the laws under which such purchase or condemnation has been or may be made.

Legislative consent to purchase, étc., of lands by United States for

NOTE.-Story on Constitution, Art. 1, Sec. 1225; id., "Before the Revolution controver

Art. 2, Sec. 1681.

sies between the Colonies concerning the extent of their rights of soil, territory, jurisdiction, and boundary under their respective charters, were heard and determined before the King, in council, who exercised original jurisdiction therein upon the principles of feudal sovereignty." The author here refers to 1 Black. Comm., p. 231; 1 Chalm. Annals, p. 480; 1 Hutch. Hist., p. 319; Serg. on Const., Introduc., p. 5; Penn vs. Ld. Baltimore, 1 Vesey's R., p. 444; and then remarks that: "The same necessity which gave rise to it in our colonial state must continue to operate through all future time. Some tribunal exercising such authority is essential to prevent an appeal to the sword and a dissolution of the Government." And resting the settlement of these questions in the highest judicial tribunal, refers as supporting authority to Nos. 39 and 80 of the Federalist; 2 Elliot's Debates, p. 418; and the remarks of Justice Jay in the case of Chisholm vs. Georgia, 2 Dall. Rep., pp. 419-474. boundary of California is fixed and defined in Art. XII of the State Constitution, ratified November 13th, 1849, and under which the State was admitted into the Union by an Act of Congress approved September 9th, 1850; see, also, Art. 4, Sec. 3, of the Federal Constitution recognizing boundaries of the original thirteen States by providing against erection of new States "within the jurisdiction of any other State," and conferring authority to "admit new States" on Congress. And when this power is exercised it is over a territory the limits or boundaries of which are either previously fixed in the "enabling Act," Act erecting a "territorial Government," or "the Constitution" under which admission is sought.

The

34. The Legislature consents to the purchase or condemnation by the United States of any tract of land within this State for the purpose of erecting forts, magpublic use: azines, arsenals, dock yards, and other needful buildings, upon the express condition that all civil process

jurisdiction

over.

issued from the Courts of this State, and such criminal process as may issue under the authority of this State, against any person charged with crime, may be served and executed thereon in the same mode and manner

and by the same officers as if the purchase or condem-
nation had not been made.

NOTE.-Stats. 1852, p. 149; Constitution of United
States, Art. I, Sec. 8; see note to preceding section,
adoption of the Constitution and admission to the
Union.

CHAPTER III.

GENERAL RIGHTS OF THE STATE OVER PERSONS.

SECTION 37.-Rights over persons enumerated.

37. The State has the following rights over persons within its limits, to be exercised in the cases and in the manner provided by law:

1. To punish for crime;

2. To imprison or confine for the protection of the public peace or health or of individual life or safety; 3. To imprison or confine for the purpose of enforcing civil remedies;

4. To establish custody and restraint for the persons of idiots, lunatics, drunkards, and other persons of unsound mind;

5. To establish custody and restraint of paupers for the purposes of their maintenance;

6. To establish custody and restraint of minors unprovided for by natural guardians, for the purposes of their education, reformation, and maintenance;

7. To require services of persons, with or without compensation: In military duty; in jury duty; as witnesses; as town or village officers; in highway labor; in maintaining the public peace; in enforcing the service of process; in protecting life and property from fire, pestilence, wreck, and flood; and in such other cases as are provided by statute.

NOTE.-The legislative power of every nation can only be restrained by its own Constitution.-Chase, J.,