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California a part of the Union.

SEC. 3. The State of California is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land.

105 Cal. 508, 606; 144 Cal. 79.

Freedom of religion.

SEC. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be guaranteed in this State; and no person shall be rendered incompetent to be a witness or juror on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. [Constitution of 1849, Art. I, §. 4.]

59 Cal. 6, 13; 60 Cal. 177, 192; 71 Cal. 548; 77 Cal. 23; 105 Cal. 345; 129 Cal. 549.

Habeas corpus.

SEC. 5. The privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require its suspension. [Constitution of 1849, Art. I, $ 5.]

126 Cal. 616.

Bail-Witnesses.

SEC. 6. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel or unusual punishment be inflicted. Witnesses shall not be unreasonably detained, nor confined in any room where criminals are actually imprisoned. [Constitution of 1849, Art. I, SS 5 and 6.]

53 Cal. 410; 54 Cal. 103; 57 Cal. 232 ; 59 Cal. 417, 674; 61 Cal. 58; 64 Cal. 266; 67 Cal. 113, 257; 68 Cal. 262; 70 Cal. 217, 477; 71 Cal. 429; 78 Cal. 304; 82 Cal. 183, 454, 518; 83 Cal. 389; 84 Cal. 165, 469; 85 Cal. 350, 639; 87 Cal. 160; 89 Cal. 4; 90 Cal. 617; 92 Cal. 189. App. R. 1, 199.

Jury trial.

SEC. 7. The right of trial by jury shall be secured to all, and remain inviolate; but in civil actions three fourths of the jury may render a verdict. A trial by jury may be waived in all criminal cases not amounting to felony, by the consent of both parties, expressed in open court, and in civil actions by the consent of the parties, signified in such manner as may be prescribed by law. In civil actions and cases of misdemeanor, the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open court. (Constitution of 1849, Art. 1, $ 3.]

64 Cal. 266; 70 Cal. 448; 87 Cal. 117; 92 Cal. 373; 96 Cal. 136; 97 Cal.•171; 100 Cal. 227; 104 Cal. 467; 106 Cal. 297; 114 Cal. 368; 122 Cal. 139; 125 Cal. 501 ; 129 Cal. 552; 136 Cal. 530; 139 Cal. 589.

Indictments-Information-Grand jury.

Sec. 8. Offenses heretofore required to be prosecuted by indictment shall be prosecuted by information, after examination and commitment by a magistrate, or by indictment, with or without such examination and commitment, as may be prescribed by law. A grand jury shall be drawn and summoned at least once a year in each county. [Constitution of 1849, Art. I, § 9.]

55 Cal. 233; 59 Cal. 229, 245; 60 Cal. 104; 64 Cal. 166; 65 Cal. 77, 108, 646; 67 Cal. 232; 68 Cal. 579, 623; 69 Cal. 108, 541, 546; 78 Cal. 568; 85 Cal. 88; 91 Cal. 645; 92 Cal. 240, 271; 105 Cal. 508, 644; 108 Cal. 663; 109 Cal. 449, 622; 111 Cal. 612; 115 Cal.

53; 128 Cal. 96; 142 Cal. 598. Freedom of speech-Libel suits.

Sec. 9. Every citizen may freely speak, write, and publish his sentiments 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 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; and the jury shall have the right to determine the law and the fact. Indictments found, or information laid, for publications in newspapers, shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause.

73 Cal. 123; 111 Cal. 613; 112 Cal. 97; 115 Cal. 52; 122 Cal. 93; 139 Cal. 121.

Freedom of assembling and petitioning.

Sec. 10. The people shall have the right to freely assemble together to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of griev. ances. [Constitution of 1849, Art. I, $ 10.]

129.Cal. 343.

Laws to be uniform.

Sec. 11. All laws of a general nature shall have a uniform operation. [Constitution of 1849, Art. I, $ 11.)

55 Cal. 242; 57 Cal. 160; 58 Cal. 61; 59 Cal. 12; 60 Cal. 189; 65 Cal. 35; 68 Cal. 145; 69 Cal. 151; 71 Cal. 630; 76 Cal. 442; 83 Cal. 393; 84 Cal. 76, 227; 89 Cal. 472, 523; 90 Cal. 558; 91 Cal. 238; 94 Cal. 603; 101 Cal. 528; 103 Cal. 114; 104 Cal. 351, 645; 105 Cal. 616; 109. Cal. 334, 497; 110 Cal. 652; 111 Cal. 371, 569; 112 Cal. 146, 474; 114 Cal. 113, 139, 334; 115 Cal. 310, 550 ; 117 Cal. 574; 118 Cal. 305, 408; 119. Cal. 519; 120 Cal. 650; 122 Cal. 147; 126 Cal. 37; 127 Cal, 7; 129 Cal. 343; 134 Cal. 53; 136 Cal. 538; 137 Cal. 481; 140 Cal. 487; 143 Cal. 414; 144 Cal. 269; 149 Cal. 400. App. R. 1, 199.

Military subordinate to civil power.

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 no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.

[Constitution of 1849, Art. I, S$ 12 and 13.] :

Criminal trials-Rights of the accused.

Sec. 13. In criminal prosecutions, in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of;witnesses in his behalf, and to appear and defend, 'in person and with counsel. No person shall be twice put in jeopardy for the same offense; nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property without due process of law. The Legislature shall have power to provide for the taking, in the presence of the party accused and his counsel, of depositions of witnesses, in criminal cases other than cases of homicide, when there is reason to believe that the witness, from inability or other cause, will not attend at the trial, [Constitution of 1849, Art. I, portion of $8.]

54 Cal. 531; 55 Cal. 290; 56 Cal. 229; 57 Cal. 251; 61 Cal. 104, 377; 62 Cal. 491; 63 Cal. 219, 293, 381; 64 Cal. 166, 260, 401, 519; 65 Cal. 223, 232; 66 Cal. 603; 67 Cal. 99; 68 Cal. 18, 630; 69 Cal. 265, 301, 372; 70 Cal. 18; 72 Cal. 404; 73 Cal. 582; 74 Cal. 22, 38; 76 Cal. 57, 344; 77 Cal. 30, 177, 183, 213; 79 Cal. 9, 178, 428; 80 Cal. 266; 82 Cal. 461; 84 Cal. 441; 85 Cal. 383, 516; 86 Cal. 37; 91 Cal. 30; 92 Cal. 486: 95 Cal. 386; 97 Cal. 600; 98 Cal. 681; 99 Cal. 231, 361; 101 Cal. 20; 103 Cal. 193, 245, 354, 476; 104 Cal. 527; 105 Cal. 615, 643; 107 Cal. 288; 108 Cal. 324, 607; 113 Cal. 284; 114 Cal. 57, 667; 115 Cal. 61, 145; 116 Cal. 77, 250, 392; 117 Cal. 10, 213; 122 Cal. 126; 127 Cal. 7; 130 Cal. 123; 132 Cal. 501; 133 Cal. 351; 136 Cal. 295; 143 Cal. 698; 144 Cal. 56, 334; 145 Cal. 90; 146 Cal. 315. App. R. 1, 199; App. R. 2, 204.

int Sanden, Rights of private property.

mr. SEC. 14. Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a court of record, as shall be prescribed by law. [Constitution of 1849, Art. I, portion of $8.]

54 Cal. 324; 59 Cal. 265, 365; 61 Cal. 91; 64 Cal. 110, 166, 178, 519; 65 Cal. 235, 250, 293, 313; 66 Cal. 492, 501; 67 Cal. 62, 543; 68 Cal. 57; 69 Cal. 206, 265, 301; 73 Cal. 40; 74 Cal. 261, 262; 78 Cal. 63, 72; 79 Cal. 162, 449, 551; 83 Cal. 245, 569; 85 Cal. 614,

86 Cal. 48; 91 Cal. 456; 94 Cal. 492; 95 Cal. 223; 98 Cal. 262, 617; 101 Cal. 19-24, 133, 180-184; 102 Cal. 663; 103 Cal. 461, 470, 616; 104 Cal. 20; 106 Cal. 284; 107 Cal. 225; 109 Cal. 622; 111 Cal. 563; 112 Cal. 309; 117 Cal. 214; 118 Cal. 281, 288, 572; 124 Cal. 643; 125 Cal. 106; 126 Cal. 57, 153; 130 Cal. 495, 637; 133 Cal. 105; 137 Cal. 579, 629; 141 Cal. 49; 142 Cal. 650; 144 Cal. 212. App. R. 1, 444: App. R. 2, 560.

633;

Imprisonment for debt and for militia fines forbidden.

SEC. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud, nor in civil actions for torts, except in cases of willful injury to person or property; and no person shall be imprisoned for a militia fine in time of peace.

86 Cal. 71; 134 Cal. 590; 138 Cal. 250.

Bills of attainder-Ex post facto laws–Obligation of contracts.

Sec. 16. No bill of attainder, ex post facto law, or law impairing the obligations of contracts, shall ever be passed. [Constitution of 1849, Art. I, $ 16.]

54 Cal. 41; 59 Cal. 288; 65 Cal. 67, 383; 68 Cal. 91, 428; 74 Cal. 224; 79 Cal. 183, 537; 85 Cal. 81; 89 Cal. 387; 93 Cal. 427; 104 Cal. 448; 116 Cal. 340, 523; 117 Cal. 140; 119 Cal. 160; 146 Cal. 610, 624.

Rights of foreigners.

Sec. 17. Foreigners of the white race, or of African descent, eligible to become citizens of the United States under the naturalization laws thereof, while bona fide residents of this State, shall have the same rights in respect to the acquisition, possession, enjoyment, transmission, and inheritance of all property, other than real estate, as native born citizens; provided, that such aliens owning real estate at the time of the adoption of this amendment may remain such owners; and provided further, that the Legislature may, by statute, provide for the disposition of real estate which shall hereafter be acquired by such aliens by descent or devise. [Amendment adopted November 6, 1894.]

(Original Section.] Sec. 17. Foreigners of the white race, or of African descent, eligible to become citizens of the United States under the naturalization laws thereof, while bona fide residents of this State, shall have the same rights in respect to the acquisition, possession, enjoyment, transmission and inheritance of property as native born citizens. [Constitution of 1849, Art. I, $ 17.].

13 Cal. 160; 64 Cal. 427; 65 Cal. 593; 67 Cal. 382; 70 Cal. 153; 127 Cal. 434.

Slavery prohibited.

Sec. 18. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State.

[Constitution of 1849, Art. I, $ 18.]

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