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OF THE

CONSTITUTIONAL CONVENTION

OF THE

STATE OF CALIFORNIA,

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

E. B. WILLIS AND P. K. STOCKTON,

OFFICIAL STENOGRAPHERS.

Volume I.

SACRAMENTO:
STATE OFFICE, : : : : : J. D. YOUNG, SUPT. STATE PRINTING.

1880.

: OFFICERS AND MEMBERS

OF THE

CONSTITUTIONAL CONVENTION OF THE STATE OF CALIFORNIA,

1878 AND 1879.

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OFFICERS. Hon. J. P. HOGE ---

Hon. I. S. BELCHER---
JOSEPH A. JOHNSON ----------

-----Secretary. | E. L. CRAWFORD...
ED. F. SMITH (after January 17th, 1879) ------ ---- Secretary. GEO. E. McSTAY
GEO. A. THORNTON and ED. F. SMITH ----Assistant Secretaries. T. J. SHERWOOD.
J. M. WRIGHT (after January 24th, 1879) ------Assistant Secretary. | BENJ. CHAMBERS -------

--------President. ------President pro tem.

----------Minute Clerk. ..----------Journal Clerk.

---------- Sergeant-at-Arms. -------- Assistant Sergeant-at-Arms.

MEMBERS. ANDREWS, A. R... -----Trinity and Shasta Counties.FREEMAN, ABRAHAM C...

..Sacramento County. AYERS, JAMES J.------- ----Fourth Congressional District. FREUD, JACOB R.------------- City and County of San Francisco. BARBOUR, CLITUS.------------City and County of San Francisco. GARVEY, J. B.------

-----------Calaveras County. BARNES, WM. H. L. --- ------First Congressional District. GLASCOCK, B. B.

----------Colusa County. BARRY, EDWARD.------ ------ Nevada and Sierra Counties. GORMAN, JOSEPH C...---- ---City and County of San Francisco. BARTON, JAS. N. ---Mendocino, Humboldt, and Del Norte Counties. GRACE, WILLIAM P. ------------City and County of San Francisco. BEERSTECHER, CHAS. J.--------City and County of San Francisco. GRAVES, WILLIAM J... ----Fourth Congressional District. BELCHER, ISAAC S.---Third Congressional District. | GREGG, V. A.

----Kern County. BELL, PETER -----------------City and County of San Francisco. HAGER, JOHN S..---

----First Congressional District. BERRY, J. ------Siskiyou and Modoc Counties. HAIGHT, H. H.*---

-Second Congressional District. BIGGS, MARION --Third Congressional District. HALE, JAMES E. -----

Second Congressional District. BLACKMER, ELI T... -------------------- San Diego County. HALL, J. B.--------- ------- Second Congressional District. BOGGS, H. C..

----. Napa, Lake, and Sonoma Counties. HARDWICK, G. M.* -------- -------Mariposa and Merced Counties. BOUCHER, JOSIAH ..

-- Butte County. | HARRISON, THOMAS ----------- City and County of San Francisco: BROWN, JOSEPH C... ------------ Tulare County. HARVEY, JOEL A. -----

-----------Solano County. BURT, SAMUEL B... --------- Placer County. HEISKELL, TYLER D.--

--- Stanislaus County. CAMPBELL, A., JR...

-------Alameda County. HEROLD, CONRAD. -----.City and County of San Francisco. CAPLES, JAMES ...---- ------------------ Sacramento County. HERRINGTON, DENNIS W... ----------Santa Clara County. CASSERLY, EUGENE... ------First Congressional District. HILBORN, S. G. ----------

RN, S. G. --------------------------------- Solano County. CHAPMAN, AUGUSTUS H..---.Plumas, Lassen, and Butte Counties. HITCHCOCK, JOHN R. W..------------------ San Joaquin County. CHARLES, J. M..---------------------Sonoma County. HOGE, JOSEPH P. ------

--... First Congressional District. CONDON, JOHN D. -------------City and County of San Francisco. HOLMES, SAMUEL A.---

------------Fresno County. COWDEN, D. H.. ----------- Yuba County. HOWARD, VOLNEY E.

--------Los Angeles County. CROSS, C. W...

------------ Nevada County. HOWARD, W. J. ------- .....Mariposa and Merced Counties. CROUCH, ROBERT ... ..-...--Napa County. HUESTIS, W. F.

---Third Congressional District. DAVIS, HAMLET ...

----------- Nevada County. HUGHEY, WM. P...--. -- City and County of San Francisco. DEAN, J. E. -

---- El Dorado and Alpine Counties. HUNTER, G. W.-------- ------ El Dorado and Alpine Counties. DOWLING, PATRICK T...----- City and County of San Francisco. INMAN, DANIEL....

----------- Alameda County. DOYLE, LUKE. -----------City and County of San Francisco. JOHNSON, G. A...

-----------Sonoma County. DUDLEY, JAMES M. .----------------------------Solano County. JONES, L. F..------------Mariposa, Merced, and Stanislaus Counties. DUDLEY, W. L. ------

San Joaquin and Amador Counties. JOYCE, PETER J.----------------City and County of San Francisco. DUNLAP, PRESLEY..------ Sacramento County. KELLEY, JOHN M.--

----Third Congressional District. EAGON, JOHN A. ------ ------------------Amador County. KENNY, BERNARD F.*.-------City and County of San Francisco. EDGERTON, HENRY.

------------ Sacramento County. KENNY, JOHN J.t --------- ----City and County of San Francisco. ESTEE, MORRIS M.. -First Congressional District. KEYES, JAMES H..

----Yuba and Sutter Counties. ESTEY, THOMAS H..-----------Contra Costa and Marin Counties. KLEINE, CHARLES R. ----------City and County of San Francisco. EVEY, EDWARD.----

------------ Los Angeles County. LAINE, THOMAS H. -------- -----------Santa Clara County. FARRELL SIMON J. ------------City and County of San Francisco. LAMPSON, R. M. ---------. Tuolumne and Calaveras Counties. FAWCETT, EUGENE.------------Santa Barbara County. LARKIN, HENRY ---

--------- El Dorado County. FILCHER, J. A. -------------------------Placer County. LARUE, HUGH M.

-----------Sacramento County. FINNEY, CHAS. G........

--------- Ventura County. LAVIGNE, RAYMOND ----------.City and County of San Francisco.

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LEWIS, DAVID.--

San Joaquin County. SHOEMAKER, RUFUS.--------------- Second Congressional District. LINDOW, JOHN F. --- -----City and County of San Francisco. SHURTLEFF, BENJAMIN.. -------- Third Congressional District. MANSFIELD, JOHN..----Fourth Congressional District. SMITH, E. 0..

-----------Santa Clara County. MARTIN, EDWARD------ -------- Fourth Congressional District. SMITH, GEORGE V..---- -------- Fourth Congressional District. MARTIN, J. W. ---

-------- Second Congressional District. SMITH, HENRY W..----- ----City and County of San Francisco. MCCALLUM, JOHN G... ----Alameda County. SOULE, EZRA P...

----------Plumas and Lassen Counties. McCOMAS, RUSH

---Santa Clara County. STEDMAN, JOHN C.-------------City and County of San Francisco. MCCONNELL, THOMAS -----

----Sacramento County. STEELE, GEORGE ---- ------------ San Luis Obispo County. MCCOY, JOHN...

--- Nevada County. STEVENSON, D. C.--.Siskiyou, Modoc, Trinity, and Shasta Counties. MCFARLAND, THOMAS B.. Sacramento County. STRONG, J. M.*t

--------- Mariposa and Merced Counties. McNUTT, JOHN F... ------ Yuba County. STUART, C. V..--.-.

------Sonoma County. MILLER, JOHN F. ----First Congressional District. SWEASEY, W. J. -------

------Humboldt County. MILLS, HIRAM

--Contra Costa County. SWENSON, CHARLES.----------City and County of San Francisco. MOFFAT, WM. S. ----

...San Mateo County. SWING, RANDOLPH S..----- ---------- San Bernardino County. MORELAND, W. W.------Sonoma County. TERRY, DAVID S...

---- San Joaquin County. MORRIS, THOMASI -------------City and County of San Francisco. THOMPSON, S. B.

, D. B. T --------- -City and County of San Francisco. MORSE, LUCIUS D.---------- San Francisco and San Mateo Counties. TINNIN, W. J. ----------------------- Third Congressional District, MURPHY, JAMES E. -----------------------Del Norte County. TOWNSEND, F. O.-------- ---------------Mendocino County. NASON, EDMUND ------------ San Benito County. TULLY, P. B. -

.. Fourth Congressional District. NELSON, THORWALD... ---City and County of San Francisco. TURNER, HENRY K. ----- ----------------------Sierra County. NEUNABER, HENRY ------ ----City and County of San Francisco. TUTTLE, DANIEL

------------Santa Cruz County. NOEL, ALONZO E.

---Lake County. VACQUEREL, ALPHONSE ------ City and County of San Francisco O'DONNELL, CHARLES C...-----City and County of San Francisco. VAN DYKE, WALTER -------------- Second Congressional District. OHLEYER, GEORGE ------ Sutter County. VAN VOORHIES, WILLIAM.--

---Alameda County, O'SULLIVAN, JAMES.----------City and County of San Francisco. WALKER, HUGH

--Marin County OVERTON, A. P. ---------------------- Third Congressional District. WALKER, JOHN..

------------ Tuolumne County. PORTER, J. M.-------Second Congressional District. WATERS, BYRON ---

..- Fourth Congressional District. PROUTY, WM. H. ---Amador County. WEBSTER, JONATHAN V. ----

--Alameda County. PULLIAM, MARK R. C. --------...Butte County. WELLER, JOSEPH R...

---------- Santa Clara County. REDDY, PATRICK

----------Mono and Inyo Counties. WELLIN, PATRICK M. ----------City and County of San Francisco. REED, CHARLES F. ------ Solano and Yolo Counties. WEST, JOHN P.

------Los Angeles County. REYNOLDS, JAMES S..---------- City and County of San Francisco. WICKES, JOHN T..

----------Nevada County. RHODES, JOHN M.

-----------------Yolo County. WHITE, WM. F...---Santa Cruz, Monterey, and San Benito Counties. RINGOLD, CHARLES S.----------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. SCHELL, GEORGE W.---------------- Fourth Congressional District. WINANS, JOSEPH W..

------- First Congressional District. SCHOMP, JUSTUS... ---San Joaquin County. WYATT, N. G.

--Monterey County. SHAFTER, JAMES MOM..----------- Third Congressional District.

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CONSTITUTION OF CALIFORNIA.

CONSTITUTION.

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 senADOPTED BY THE CONVENTION, OCTOBER 10, 1849; RATIFIED BY THE timents on all subjects, being responsible for the abuse of that right; and PEOPLE, NOVEMBER 13, 1849; PROCLAIMED, DECEMBER 20,

no law shall be passed to restrain or abridge the liberty of speech or of 1849; AND AMENDED, 1862.

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 PREAMBLE.

with good motives and for justifiable ends, the party shall be acquitted ; We, the people of California, grateful to Almighty God for our free and the jury shall have the right to determine the law and the fact. dom, in order to secure its blessings, do establish this Constitution. 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. ARTICLE I. DECLARATION OF RIGHTS.

Sec. 11. All laws of a general nature shall have a uniform operaII. RIGHT OF SUFFRAGE.

tion. III. DISTRIBUTION OF POWERS.

Sec. 12. The military shall be subordinate to the civil power. No IV. LEGISLATIVE DEPARTMENT.

standing army shall be kept up by this State in time of peace; and, in V. EXECUTIVE DEPARTMENT.

time of war, no appropriation for a standing army shall be for a longer VI. JUDICIAL DEPARTMENT.

time than two years. VII. MILITIA.

Sec. 13. No soldier shall, in time of peace, be quartered in any VIII. STATE DEBTS.

house without the consent of the owner; nor in time of war, except in IX. EpCCATION.

the manner to be prescribed by law. X. MODE OF AMENDING AND REVISING THE CONSTITUTION. Sec. 14. Representation shall be apportioned according to populaXI. PROMISCUOUS PROVISIONS.

tion. XII. BOUNDARY.

Sec. 15. No person shall be imprisoned for debt in any civil action, SCHEDULE.

on mesne or final process, unless in cases of fraud; and no person shall ARTICLE I.

be imprisoned for a militia fine in time of peace. DECLARATION OF RIGHTS.

Sec. 16. No bill of attainder, ex post facto law, or law impairing the

obligation of contracts, shall ever be passed. SECTION 1. Inalienable rights.

Sec. 17. Foreigners who are or who may hereafter become bona fide 2. Popular government.

residents of this state, shall enjoy the same rights in respect to the pos3. Jury trial.

session, enjoyment, and inheritance of property as native-born citizens. 4. Religious worship, and liberty of conscience.

SEC. 18. Neither slavery nor involuntary servitude, unless for the 5. Habeas corpus.

punishment of crime, shall ever be tolerated in this State. 6. Excessive bail, fines and punishments.

Sec. 19. The right of the people to be secure in their persons, houses, 7. All offenses bailable--one exception.

papers, and effects, against unreasonable seizures and searches, shall not 8. Personal rights, and rights of property.

be violated; and no warrant shall issue, but for probable cause, sup9. Liberty of speech and press, and law of libel.

ported by oath or affirmation, particularly describing the place to be 10. Popular assemblies.

searched, and the persons and things to be seized. 11. Uniformity of general laws.

SEC. 20. Treason against the State shall consist only in levying war 12. Military power.

against it, adhering to its enemies, or giving them aid and comfort. No 13. Quartering of soldiers.

person shall be convicted of treason, unless on the evidence of two wit14. Representation.

nesses to the same overt act, or confession in open Court. 15. Imprisonment for debt.

SEC. 21. This enumeration of rights shall not be construed to im16. Laws prohibited.

pair or deny others retained by the people. 17. Rights of foreigners.

Sec. 22. The Legislature shall have no power to make an appropria18. Slavery prohibited.

tion, for any purpose whatever, for a longer period than two years. 19. Search warrants.

--[Amended, 1871.
20. Treason defined, and how punished.
21. Popular rights retained by the people.

ARTICLE II.
Section 1. All men are by nature free and independent, and have

RIGHT OF SUFFRAGE. certain inalienable rights, among which are those of enjoying and defending life and liberty ; acquiring, possessing, and protecting prop

SECTION 1. Who are or may be electors.

2. Privileges of electors. erty; and pursuing and obtaining safety and happiness. Sec. 2. *All political power is inherent in the people. Government

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

4. Residence of voters, gained or lost. is instituted for the protection, security, and benefit of the people, and

5. Who are not electors. they have the right to alter or reform the same whenever the public good may require it.

6. Election by ballot. SEC. 3. The right of trial by jury shall be secured to all, and re Section 1. Every white male citizen of the United States, and every main inviolate forever; but a jury trial may be waived by the parties, white male citizen of Mexico who shall have elected to become a citizen in all civil cases, in the manner to be prescribed by law.

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.

proper. Sec. 6. Excessive bail shall not be required, nor excessive fines im- SEC. 2. Electors shall, in all cases except treason, felony, or breach posed; nor shall cruel or unusual punishment be inflicted; nor shall of the peace, be privileged from arrest on the days of election, during witnesses be unreasonably detained.

their attendance at such election, and going to and returning therefrom. Sec. 7. All persons shall be bailable by sufficient sureties, unless for Sec. 3. No elector shall be obliged to perform militia duty on the capital offenses when the proof is evident, or the presumption great day of election, except in time of war or public danger.

Sec. 8. No person shall be held to answer for a capital or otherwise SEC. 4. For the purpose of voting, no person shall be deemed to have infamous crime (except in cases of impeachment, and in cases of militia gained or lost a residence by reason of his presence or absence while emwhen in actual service, and the land and naval forces in time of war, or ployed in the service of the United States, nor while engaged in the which this State may keep, with the consent of Congress, in time of navigation of the waters of this State or of the United States, or of the peace, and in cases of petit larceny, under the regulation of the Legisla- high seas; nor while a student at any seminary of learning; nor while ture) unless on presentment or indictment of a Grand Jury; and, in kept at any almshouse, or other asylum, at public expense; nor while any trial in any Court whatever, the party accused shall be allowed to confined in any public prison. 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.

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