People v. De La Guerra
California Supreme Court
40 Cal. 311 (1870)
- Written by Tammy Boggs, JD
Facts
Pablo De La Guerra (defendant) was born and continuously resided in California. He was a white male citizen of Mexico when the Treaty of Guadalupe Hidalgo was ratified in 1848. Under that treaty, Mexico transferred various land territories, including California, to the United States. The treaty had a provision granting American citizenship to Mexican citizens then residing in the transferred territories. As provided in the treaty, De La Guerra opted to become an American citizen. Thereafter, he was elected to judicial office. The State of California (state) (plaintiff) initiated suit against him, alleging that De La Guerra was not an American citizen as required to hold judicial office. The state argued that the Treaty of Guadalupe Hidalgo conflicted with the California constitution. Prior to the treaty’s ratification, all Mexican citizens in California could vote, regardless of color. After the treaty’s ratification, some Mexican citizens who opted for American citizenship lost their right to vote because the California constitution only allowed white male citizens to vote. The trial court found that De La Guerra was an American citizen, and the state appealed to the California Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Temple, J.)
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