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OF THE

CONSTITUTIONAL CONVENTION

OF THE

STATE OF CALIFORNIA,

CONVENED AT THE CITY OF SACRAMENTO, SATURDAY, SEPTEMBER 28, 1878.

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BIGGS, MARION
BLACKMER, ELI T..
BOGGS, H. C.
BOUCHER, JOSIAH
BROWN, JOSEPH C.
BURT, SAMUEL B..
CAMPBELL, A.,
JR..

CAPLES, JAMES

CASSERLY, EUGENE..

CHAPMAN, AUGUSTUS H...

CHARLES, J. M................

CONDON, JOHN D.

COWDEN, D. H..

CROSS, C. W.

CROUCH, ROBERT

DAVIS, HAMLET

DEAN, J. E.

DOWLING, PATRICK T.
DOYLE, LUKE..
DUDLEY, JAMES M.
DUDLEY, W. L.

DUNLAP, PRESLEY.
EAGON, JOHN A.
EDGERTON, HENRY
ESTEE, MORRIS M..
ESTEY, THOMAS H..
EVEY, EDWARD.
FARRELL SIMON J..
FAWCETT, EUGENE..
FILCHER, J. A.
FINNEY, CHAS. G..

MEMBERS.

Trinity and Shasta Counties. | FREEMAN, ABRAHAM C..
-Fourth Congressional District. FREUD, JACOB R..

-City and County of San Francisco.

First Congressional District.
Nevada and Sierra Counties.
Humboldt, and Del Norte Counties.
City and County of San Francisco.
-Third Congressional District.
City and County of San Francisco.
Siskiyou and Modoc Counties.
Third Congressional District.

San Diego County.

GARVEY, J. B..............
GLASCOCK, B. B.
GORMAN, JOSEPH C..
GRACE, WILLIAM P.
GRAVES, WILLIAM J..
GREGG, V. A..
HAGER, JOHN S.
HAIGHT, H. H.*.
HALE, JAMES E.
HALL, J. B..---

Napa, Lake, and Sonoma Counties. HARDWICK, G. M.*

Butte County. HARRISON, THOMAS.
Tulare County. HARVEY, JOEL A.

Placer County. HEISKELL, TYLER D.
Alameda County. HEROLD, CONRAD
-Sacramento County. HERRINGTON, DENNIS W..
First Congressional District. HILBORN, S. G.
Plumas, Lassen, and Butte Counties. HITCHCOCK, JOHN R. W.
Sonoma County. HOGE, JOSEPH P.
City and County of San Francisco. HOLMES, SAMUEL A..
Yuba County. HOWARD, VOLNEY E.
Nevada County. HOWARD, W. J.†....
Napa County. HUESTIS, W. F..
Nevada County. HUGHEY, WM. P.
El Dorado and Alpine Counties. HUNTER, G. W..
-City and County of San Francisco. INMAN, DANIEL..
City and County of San Francisco. JOHNSON, G. A.
Solano County. JONES, L. F...

San Joaquin and Amador Counties. JOYCE, PETER J.

Sacramento County. KELLEY, JOHN M.-
--Amador County. KENNY, BERNARD F.*
Sacramento County. KENNY, JOHN J.†
-First Congressional District. KEYES, JAMES H.
-Contra Costa and Marin Counties. KLEINE, CHARLES R.
Los Angeles County. LAINE, THOMAS H.
-City and County of San Francisco. LAMPSON, R. M.
--Santa Barbara County. LARKIN, HENRY.
Placer County. LARUE, HUGH M..
Ventura County. LAVIGNE, RAYMOND

Sacramento County.

City and County of San Francisco.
Calaveras County.
Colusa County.

-City and County of San Francisco.
City and County of San Francisco.
Fourth Congressional District.
...Kern County.

First Congressional District.
-Second Congressional District.
Second Congressional District.
Second Congressional District.
Mariposa and Merced Counties.
-City and County of San Francisco.
..Solano County.
Stanislaus County.

City and County of San Francisco.
Santa Clara County.

Solano County.
San Joaquin County.

First Congressional District.
Fresno County.
-Los Angeles County.
Mariposa and Merced Counties.
Third Congressional District.
City and County of San Francisco.
El Dorado and Alpine Counties.
Alameda County.
Sonoma County.

Mariposa, Merced, and Stanislaus Counties.
City and County of San Francisco.

Third Congressional District.
City and County of San Francisco.
City and County of San Francisco.
Yuba and Sutter Counties.
-City and County of San Francisco.
Santa Clara County.
Tuolumne and Calaveras Counties.
El Dorado County.
Sacramento County.

City and County of San Francisco.

LEWIS, DAVID.............
LINDOW, JOHN F.
MANSFIELD, JOHN.
MARTIN, EDWARD..
MARTIN, J. W.† .
MCCALLUM, JOHN G...
McCOMAS, RUSH
MCCONNELL, THOMAS
McCOY, JOHN

MCFARLAND, THOMAS B..
MCNUTT, JOHN F..

MILLER, JOHN F..

MILLS, HIRAM

MOFFAT, WM. S.

MORELAND, W. W.
MORRIS, THOMAS
MORSE, LUCIUS D..
MURPHY, JAMES E.
NASON, EDMUND
NELSON, THORWALD.
NEUNABER, HENRY.
NOEL, ALONZO E.

O'DONNELL, CHARLES C...
OHLEYER, GEORGE.

O'SULLIVAN, JAMES.

OVERTON, A. P.

PORTER, J. M...
PROUTY, WM. H.
PULLIAM, MARK R. C.
REDDY, PATRICK..
REED, CHARLES F.....
REYNOLDS, JAMES S..
RHODES, JOHN M..
RINGOLD, CHARLES S...
ROLFE, HORACE C...............
SCHELL, GEORGE W..

SCHOMP, JUSTUS...

SHAFTER, JAMES MOM..

-San Joaquin County. SHOEMAKER, RUFUS.
City and County of San Francisco. SHURTLEFF, BENJAMIN
Fourth Congressional District. SMITH, E. O.

Fourth Congressional District. SMITH, GEORGE V..
-Second Congressional District. SMITH, HENRY W..
-Alameda County. SOULE, EZRA P...
-Santa Clara County. STEDMAN, JOHN C................
-Sacramento County. STEELE, GEORGE..

Second Congressional District.
Third Congressional District.
Santa Clara County.

Fourth Congressional District.
City and County of San Francisco.
Plumas and Lassen Counties.
-City and County of San Francisco.
San Luis Obispo County.

Nevada County. STEVENSON, D. C....Siskiyou, Modoc, Trinity, and Shasta Counties.

Sacramento County. STRONG, J. M.*†

Yuba County. STUART, C. V..

First Congressional District. SWEASEY, W. J..
Contra Costa County. SWENSON, CHARLES..
San Mateo County. SWING, RANDOLPH S..
Sonoma County. TERRY, DAVID S..

..City and County of San Francisco. THOMPSON, S. B.†
San Francisco and San Mateo Counties. TINNIN, W. J.

Del Norte County. TOWNSEND, F. 0..
San Benito County. TULLY, P. B.

City and County of San Francisco. TURNER, HENRY K.
City and County of San Francisco. TUTTLE, DANIEL
--Lake County. VACQUEREL, ALPHONSE
City and County of San Francisco. VAN DYKE, WALTER .
...Sutter County. VAN VOORHIES, WILLIAM.
City and County of San Francisco. WALKER, HUGH
Third Congressional District. WALKER, JOHN.
..Second Congressional District. WATERS, BYRON

Amador County. WEBSTER, JONATHAN V.
Butte County. WELLER, JOSEPH R..
Mono and Inyo Counties. WELLIN, PATRICK M.
Solano and Yolo Counties. WEST, JOHN P.
City and County of San Francisco. WICKES, JOHN T..
Yolo County.

Mariposa and Merced Counties.
Sonoma County.
Humboldt County.

-City and County of San Francisco.
San Bernardino County.
San Joaquin County.

City and County of San Francisco.
Third Congressional District,
Mendocino County.

Fourth Congressional District.
Sierra County.
Santa Cruz County.

City and County of San Francisco.
-Second Congressional District.
Alameda County.

Marin County.

Tuolumne County.

-Fourth Congressional District. Alameda County. Santa Clara County. ------City and County of San Francisco. Los Angeles County. Nevada County.

Tehama County.

WHITE, WM. F..............Santa Cruz, Monterey, and San Benito Counties.
City and County of San Francisco. WILSON, H. C...................
San Diego and San Bernardino Counties. WILSON, SAMUEL M..

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.. First Congressional District. First Congressional District. Monterey County.

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CONSTITUTION OF CALIFORNIA.

CONSTITUTION.

ADOPTED BY THE CONVENTION, OCTOBER 10, 1849; RATIFIED BY THE
PEOPLE, NOVEMBER 13, 1849; PROCLAIMED, DECEMBER 20,
1849; AND AMENDED, 1862.

PREAMBLE.

We, the people of California, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this Constitution.

ARTICLE I. DECLARATION OF RIGHTS.

II. RIGHT OF SUFFRAGE.

III. DISTRIBUTION OF POWERS.

IV. LEGISLATIVE DEPARTMENT.

V. EXECUTIVE DEPARTMENT.

VI. JUDICIAL DEPARTMENT.

VII. MILITIA.

VIII. STATE DEBTS.

IX. EDUCATION.

X. MODE OF AMENDING AND REVISING THE CONSTITUTION.
XI. PROMISCUOUS PROVISIONS.

XII. BOUNDARY.

SCHEDULE.

ARTICLE I.

DECLARATION OF RIGHTS.

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6. Excessive bail, fines and punishments.

7. All offenses bailable-one exception.

8. Personal rights, and rights of property.

9. Liberty of speech and press, and law of libel.

10. Popular assemblies.

11. Uniformity of general laws.

12. Military power.

13. Quartering of soldiers.

14. Representation.

15. Imprisonment for debt.

16. Laws prohibited.

17. Rights of foreigners.

18. Slavery prohibited.

19. Search warrants.

20. Treason defined, and how punished.

21. Popular rights retained by the people.

SECTION 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety and happiness.

SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it.

SEC. 3. The right of trial by jury shall be secured to all, and re-
main inviolate forever; but a jury trial may be waived by the parties,
in all civil cases, in the manner to be prescribed by law.

SEC. 4. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed
in this State; and no person shall be rendered incompetent to be a wit-
ness on account of his opinions on matters of religious belief; but the
liberty of conscience hereby secured shall not be so construed as to ex-
cuse acts of licentiousness, or justify practices inconsistent with the
peace or safety of this State.
The privilege of the writ of habeas corpus shall not be sus-
SEC. 5.
pended, unless when in cases of rebellion or invasion the public safety
may require its suspension.

SEC. 6. Excessive bail shall not be required, nor excessive fines im-
posed; nor shall cruel or unusual punishment be inflicted; nor shall
witnesses be unreasonably detained.

SEC. 7. All persons shall be bailable by sufficient sureties, unless for
capital offenses when the proof is evident, or the presumption great.
SEC. 8. No person shall be held to answer for a capital or otherwise
infamous crime (except in cases of impeachment, and in cases of militia
when in actual service, and the land and naval forces in time of war, or
which this State may keep, with the consent of Congress, in time of
peace, and in cases of petit larceny, under the regulation of the Legisla-
ture) unless on presentment or indictment of a Grand Jury; and, in
any trial in any Court whatever, the party accused shall be allowed to
appear and defend, in person and with counsel, as in civil actions. No
person shall be subject to be twice put in jeopardy for the same offense;
nor shall he be compelled, in any criminal case, to be a witness against

himself; nor be deprived of life, liberty, or property without due pro-
cess of law; nor shall private property be taken for public use without
just compensation.

SEC. 9. Every citizen may freely speak, write, and publish his sen-
timents on all subjects, being responsible for the abuse of that right; and
no law shall be passed to restrain or abridge the liberty of speech or of
the press.
In all criminal prosecutions on indictments for libels, the
truth may be given in evidence to the jury; and if it shall appear to
the jury that the matter charged as libelous is true, and was published
with good motives and for justifiable ends, the party shall be acquitted;
SEC. 10. The people shall have the right freely to assemble together
to consult for the common good, to instruct their Representatives, and
and the jury shall have the right to determine the law and the fact.
to petition the Legislature for redress of grievances.

SEC. 11. All laws of a general nature shall have a uniform opera-
tion.

SEC. 12. The military shall be subordinate to the civil power. No
standing army shall be kept up by this State in time of peace; and, in
time of war, no appropriation for a standing army shall be for a longer
time than two years.
No soldier shall, in time of peace, be quartered in any
SEC. 13.
house without the consent of the owner; nor in time of war, except in
the manner to be prescribed by law.

SEC. 14. Representation shall be apportioned according to popula

tion.

SEC. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud; and no person shall be imprisoned for a militia fine in time of peace.

SEC. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.

SEC. 17. Foreigners who are or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property as native-born citizens. SEC. 18. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State.

SEC. 19. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue, but for probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.

SEC. 20. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason, unless on the evidence of two witnesses to the same overt act, or confession in open Court.

SEC. 21. This enumeration of rights shall not be construed to im

pair or deny others retained by the people.

SEC. 22. The Legislature shall have no power to make an appropriation, for any purpose whatever, for a longer period than two years. -[Amended, 1871.

ARTICLE II.

RIGHT OF SUFFRAGE.

SECTION 1. Who are or may be electors.

2. Privileges of electors.

3. Militia duty, when not to be performed by electors.

4. Residence of voters, gained or lost.

5. Who are not electors.

6. Election by ballot.

SECTION 1. Every white male citizen of the United States, and every of the United States, under the treaty of peace exchanged and ratified white male citizen of Mexico who shall have elected to become a citizen at Queretaro, on the thirteenth day of May, eighteen hundred and fortyeight, of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county or district in which he claims his vote thirty days, shall be entitled to vote at the Legislature, by a two-thirds concurrent vote, from admitting to the all elections which are now or hereafter may be authorized by law; provided, that nothing herein contained shall be construed to prevent right of suffrage Indians, or the descendants of Indians, in such special proper. cases as such a proportion of the legislative body may deem just and

SEC. 2. Electors shall, in all cases except treason, felony, or breach their attendance at such election, and going to and returning therefrom. SEC. 3. No elector shall be obliged to perform militia duty on the of the peace, be privileged from arrest on the days of election, during day of election, except in time of war or public danger.

SEC. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas; nor while a student at any seminary of learning; nor while kept at any almshouse, or other asylum, at public expense; nor while confined in any public prison.

SEC. 5. No idiot or insane person, or person convicted of any in-
All elections by the people shall be by ballot.
famous crime, shall be entitled to the privileges of an elector.
SEC. 6.

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