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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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BARNES, WM. H. L.
BARRY, EDWARD.
BARTON, JAS. N.....Mendocino,
BEERSTECHER, CHAS. J...
BELCHER, ISAAC S..
BELL, PETER

BERRY, J..

BIGGS, MARION

BLACKMER, ELI T..

BOGGS, H. C..

BOUCHER, JOSIAH

BROWN, JOSEPH C.

BURT, SAMUEL B..

CAMPBELL, A., Jr...

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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.

HILBORN, S. G.

- Sacramento County. HERRINGTON, DENNIS W..
First Congressional District.
Plumas, Lassen, and Butte Counties.
-Sonoma County.
..City and County of San Francisco.

HITCHCOCK, JOHN R. W.
HOGE, JOSEPH P.
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..
LARKIN, HENRY

...Santa Barbara County.

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..

-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.

O'DONNELL, CHARLES C..-----City and County of San Francisco. VAN DYKE, WALTER

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..

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..

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.

Yolo County. WHITE, WM. F......Santa Cruz, Monterey, and San Benito Counties. City and County of San Francisco. WILSON, H. C... Tehama County. ROLFE, HORACE C.-San Diego and San Bernardino Counties. WILSON, SAMUEL M.. First Congressional District. First Congressional District. Monterey County.

SCHELL, GEORGE W..

SCHOMP, JUSTUS.

SHAFTER, JAMES MCM..

-Fourth Congressional District. WINANS, JOSEPH W..

San Joaquin County. WYATT, N. G.

-Third Congressional District.

* Deceased. + Elected to fill vacancy. + Resigned.

CONSTITUTION OF CALIFORNIA.

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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 remain inviolate forever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law.

himself; nor be deprived of life, liberty, or property without due process 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 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 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; and the jury shall have the right to determine the law and the fact. SEC. 10. The people shall have the right freely to assemble together to consult for the common good, to instruct their Representatives, and to petition the Legislature for redress of grievances.

SEC. 11. All laws of a general nature shall have a uniform operation.

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.

SEC. 13. 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 to be prescribed by law.

SEC. 14. Representation shall be apportioned according to population.

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 impair 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.

proper.

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 white male citizen of Mexico who shall have elected to become a citizen of the United States, under the treaty of peace exchanged and ratified SEC. 4. The free exercise and enjoyment of religious profession and at Queretaro, on the thirteenth day of May, eighteen hundred and fortyWorship, without discrimination or preference, shall forever be allowed eight, of the age of twenty-one years, who shall have been a resident of in this State; and no person shall be rendered incompetent to be a wit- the State six months next preceding the election, and the county or disness on account of his opinions on matters of religious belief; but the trict in which he claims his vote thirty days, shall be entitled to vote at liberty of conscience hereby secured shall not be so construed as to ex- all elections which are now or hereafter may be authorized by law; cuse acts of licentiousness, or justify practices inconsistent with the provided, that nothing herein contained shall be construed to prevent peace or safety of this State. the Legislature, by a two-thirds concurrent vote, from admitting to the SEC. 5. The privilege of the writ of habeas corpus shall not be sus-right of suffrage Indians, or the descendants of Indians, in such special pended, unless when in cases of rebellion or invasion the public safety cases as such a proportion of the legislative body may deem just and may require its suspension. SEC. 6. Excessive bail shall not be required, nor excessive fines imposed; 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 Legislature) 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 SEC. 5. No idiot or insane person, or person convicted of any inperson shall be subject to be twice put in jeopardy for the same offense; famous crime, shall be entitled to the privileges of an elector. nor shall he be compelled, in any criminal case, to be a witness against SEC. 6. All elections by the people shall be by ballot.

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

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