APPENDIX. CONSTITUTION OF THE STATE OF CALIFORNIA. PROCLAMATION TO THE PEOPLE OF CALIFORNIA. The delegates of the people assembled in Convention, have formed a Constitution, which is now presented for your ratification. The time and manner of voting on this Constitution, and of holding the first general election, are clearly set forth in the Schedule; the whole subject is therefore left for your unbiased and dellberate consideration. The Prefect (or person exercising the functions of that office,) of each District will designate the places for opening the polls, and give due notice of the election, in accordance with the provisions of the Constitution and Schedule. The people are now called upon to form a government for themselves, and to designate such officers as they desire to make and execute the laws. That their choice may be wisely made, and that the government so organised may secure the permanent welfare and happiness of the people of the new State, is the sincere and earnest wish of the present Executive, who, if the Constitution be ratified, will, with pleasure, surrender his powers to whomsoever the people may designate as his successor. Given at Monterey, California, this 12th day of October, A. D., 1849. B. RILEY, OFFICIAL: H. W. HALLECK, Brev. Capt. and Secretary of State. 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. Sec. 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 remain inviolate forever; but a jury trial may be waved 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 witness 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. 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. Sec. 6. Excessive bail shall not be required, nor exeessive fines imposed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained. Sec. 7. All persons shall be bailable, by sufficient sureties: unless for capital offences, 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, |
