OF THE CONSTITUTIONAL CONVENTION OF THE STATE OF CALIFORNIA, CONVENED AT THE CITY OF SACRAMENTO, SATURDAY, SEPTEMBER 28, 1878. BIGGS, MARION 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. DUNLAP, PRESLEY. MEMBERS. Trinity and Shasta Counties. | FREEMAN, ABRAHAM C.. -City and County of San Francisco. First Congressional District. San Diego County. GARVEY, J. B.............. Napa, Lake, and Sonoma Counties. HARDWICK, G. M.* Butte County. HARRISON, THOMAS. Placer County. HEISKELL, TYLER D. San Joaquin and Amador Counties. JOYCE, PETER J. Sacramento County. KELLEY, JOHN M.- Sacramento County. City and County of San Francisco. -City and County of San Francisco. First Congressional District. City and County of San Francisco. Solano County. First Congressional District. Mariposa, Merced, and Stanislaus Counties. Third Congressional District. City and County of San Francisco. LEWIS, DAVID............. MCFARLAND, THOMAS B.. MILLER, JOHN F.. MILLS, HIRAM MOFFAT, WM. S. MORELAND, W. W. O'DONNELL, CHARLES C... O'SULLIVAN, JAMES. OVERTON, A. P. PORTER, J. M... SCHOMP, JUSTUS... SHAFTER, JAMES MOM.. -San Joaquin County. SHOEMAKER, RUFUS. Fourth Congressional District. SMITH, GEORGE V.. Second Congressional District. Fourth Congressional District. 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.. ..City and County of San Francisco. THOMPSON, S. B.† Del Norte County. TOWNSEND, F. 0.. City and County of San Francisco. TURNER, HENRY K. Amador County. WEBSTER, JONATHAN V. Mariposa and Merced Counties. -City and County of San Francisco. City and County of San Francisco. Fourth Congressional District. City and County of San Francisco. 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. .. First Congressional District. First Congressional District. Monterey County. CONSTITUTION OF CALIFORNIA. CONSTITUTION. ADOPTED BY THE CONVENTION, OCTOBER 10, 1849; RATIFIED BY THE 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. XII. BOUNDARY. SCHEDULE. ARTICLE I. DECLARATION OF RIGHTS. 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- SEC. 4. The free exercise and enjoyment of religious profession and SEC. 6. Excessive bail shall not be required, nor excessive fines im- SEC. 7. All persons shall be bailable by sufficient sureties, unless for himself; nor be deprived of life, liberty, or property without due pro- SEC. 9. Every citizen may freely speak, write, and publish his sen- SEC. 11. All laws of a general nature shall have a uniform opera- SEC. 12. The military shall be subordinate to the civil power. No 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- |