Immediately after the adjournment of the Constitutional Convention, the members proceeded in a body to General Riley's house, where General Sutter, in behalf of the Convention, addressed General Riley as follows:

"GENERAL: I have been appointed by the delegates elected by the people of California to form a Constitution, to address you in their names and in behalf of the whole people of California, and express the thanks of the Convention for the aid and coöperation they have received from you in the discharge of the responsible duty of creating a State Government. And, sir, the Convention, as you will perceive from the official records, duly appreciate the great and important services you have rendered to our common country, and especially to the people of California, and entertains the confident belief that you will receive from the whole people of the United States, when you retire from your official duties here, that verdict so grateful to the heart of the patriot, 'Well done, thou good and faithful servant.'"

General Riley replied as follows:

"GENTLEMEN: I never made a speech in my life. I am a soldier-but I can feel; and I do feel deeply the honor you have this day conferred upon me. Gentlemen, this is a prouder day to me than that on which my soldiers cheered me on the field of Contreras. I thank you all from my heart. I am satisfied now that the people have done right in selecting delegates to form a Constitution. They have chosen a body of men upon whom our country may look with pride; you have formed a Constitution worthy of California. And I have no fear for California while her people choose their representatives so wisely. Gentlemen, I congratulate you upon the successful conclusion of your arduous labors; and I wish you all happiness and prosperity."

[Here General Riley was interrupted by three cheers from the members, "as Governor of California," and three more "as a gallant soldier, and worthy of his country's glory."]

He then concluded in the following words:

"I have but one thing to add, gentlemen, and that is, that my success in the affairs of California is mainly owing to the efficient aid rendered me by Captain Halleck, the Secretary of State. He has stood by me in all emergencies; to him I have always appealed when at a loss myself, and he has never failed me."

CONSTITUTION OF THE STATE OF

CALIFORNIA-1879.

Under and by authority of Section 2 of Article X, Constitution of 1849, the Legislature at its session of 1876 submitted to a vote of the people of the State the proposition of calling a Convention to frame a new Constitution (Stats. of Cal. 1875-6, p. 791). This proposition was adopted by the people at the subsequent general State election, and in pursuance of such action the Legislature which followed passed an enabling Act entitled "An Act to provide for a Convention to frame a new Constitution for the State of California," which Act was approved March 30, 1878 (Stats. of Cal. 1877-8, p. 759). The Act called for an election to be held on Wednesday, June 19, 1878, for the purpose of electing delegates to a Constitutional Convention, to be composed of one hundred and fifty-two delegates, thirty-two to be elected by the State at large, eight residents of each of the four Congressional Districts then existing, and the remaining one hundred and twenty, a number equivalent to the combined membership of the two branches of the State Legislature, were apportioned among the various counties by the Act itself.

The Convention thus constituted met in the Assembly Chamber of the State Capitol at Sacramento on Saturday, September 28, 1878, and organized by the election of Joseph P. Hoge, President; Isaac S. Belcher, President pro tem.; Joseph Asbury Johnson, Secretary; George A. Thornton and Edwin F. Smith, Assistant Secretaries; E. L. Crawford, Minute Clerk; George E. McStay, Journal Clerk; T. J. Sherwood, Sergeant-at-Arms; Benjamin Chambers, Assistant Sergeant-at-Arms. Edwin F. Smith was elected Secretary January 17, 1879, vice J. A. Johnson, resigned, and on January 24, 1879, J. M. Wright was elected to succeed E. F. Smith as Assistant Secretary.

The Convention adjourned on Monday, March 3, 1879, and the

Constitution thus framed was ratified by vote of the people on Wednesday, May 7, 1879.

ABBREVIATIONS.

Cal. California Reports.

Cal. App. California Appellate Reports.

Cal. Dec.: California Decisions.

Cal. App. Dec.: California Appellate Decisions.

NOTE.-References in brackets to the Constitution of 1849 indicate parallel or analogous sections which occur therein.

PREAMBLE AND DECLARATION OF RIGHTS.

PREAMBLE.

Purpose of the Constitution.

We, the people of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution.

[Constitution of 1849.]

ARTICLE I.

DECLARATION OF RIGHTS.

Inalienable rights of men.

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 happi

ness.

[Constitution of 1849, Art. I, § 1.]

60 Cal. 192, 197; 62 Cal. 539; 65 Cal. 35; 80 Cal. 213; 85 Cal. 311; 112 Cal. 471; 128 Cal. 434; 133 Cal. 354, 377; 136 Cal. 125; 147 Cal. 650, 763; 148 Cal. 127; 149 Cal. 400; 1 Cal. App. 699; 5 Cal. App. 759; 6 Cal. App. 236; XXXVI Cal. Dec. 258.

Government for and by the people.

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.

[Constitution of 1849, Art. I, § 2.]

67 Cal. 360; 71 Cal. 634; 91 Cal. 249; 92 Cal. 316; 113 Cal. 646, 648; 118 Cal. 408; 138 Cal. 381; 139 Cal. 541.

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. 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.]

55 Cal. 553; 56 Cal. 638; 59 Cal. 6, 13, 20; 60 Cal. 192, 195, 201, 204; 71 Cal. 550; 79 Cal. 176.

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; 133 Cal. 352.

Bail-Witnesses.

SEC. 6. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is 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, §§ 6 and 7.]

53 Cal. 411; 54 Cal. 77, 103; 57 Cal. 94; 59 Cal. 417, 675; 67 Cal. 257; 70 Cal. 2; 82 Cal. 183; 83 Cal. 389; 92 Cal. 189; 1 Cal. App. 199; VII Cal. App. Dec. 68, 133.

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. I, § 3.]

64 Cal. 266; 70 Cal. 448; 85 Cal. 642; 87 Cal. 354, 356; 88 Cal. 124; 92 Cal. 271; 96 Cal. 136; 104 Cal. 467; 122 Cal. 139; 125 Cal. 504; 127 Cal. 201, 202; 129 Cal. 552; 136 Cal. 530; 139 Cal. 589; 5 Cal. App. 623; 6 Cal. App. 770; VII Cal. App. Dec. 508.

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.

56 Cal. 233, 638; 57 Cal. 565; 59 Cal. 245; 60 Cal. 104; 64 Cal. 178, 213; 65 Cal. 77, 108, 646; 66 Cal. 665; 67 Cal. 232; 68 Cal. 579; 69 Cal. 108, 546; 78 Cal. 568; 85 Cal. 88; 91 Cal. 645; 92 Cal. 271; 105 Cal. 508, 644; 108 Cal. 663; 109 Cal. 449; 111 Cal. 612; 115 Cal. 53; 128 Cal. 96; 142 Cal. 598; 152 Cal. 73; 5 Cal. App. 465, 468; VII Cal. App. Dec. 285, 736.

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