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CONSTITUTIONAL CONVENTION

OF THE

fourth Kore

STATE OF CALIFORNIA,-

OF THE

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

OFFICIAL STENOGRAPHERS.

Volume I.

--

SACRAMENTO:

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: J. D. YOUNG, SUPT. STATE PRINTING.
1880.

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CONSTITUTIONAL CONVENTION OF THE STATE OF CALIFORNIA,

1878 AND 1879.

HON. J. P. HOGE

HON. I. S. BELCHER______

JOSEPH A. JOHNSON

ED. F. SMITH (after January 17th, 1879).
GEO. A. THORNTON and ED. F. SMITH

J. M. WRIGHT (after January 24th, 1879).

OFFICERS AND MEMBERS

BELL, PETER

BERRY, J..

BIGGS, MARION
BLACKMER, ELI T.
BOGGS, H. C.

BOUCHER, JOSIAH
BROWN, JOSEPH C..
BURT, SAMUEL B..

CAMPBELL, A., Jr.....
CAPLES, JAMES

CASSERLY, EUGENE.
CHAPMAN, AUGUSTUS H..
CHARLES, J. M...........
CONDON, JOHN D.

COWDEN, D. H..

CROSS, C. W.

OF THE

MEMBERS.

ANDREWS, A. R.
AYERS, JAMES J..

BARBOUR, CLITUS_

Trinity and Shasta Counties. | FREEMAN, ABRAHAM C...---
Fourth Congressional District. FREUD, JACOB R..
City and County of San Francisco.
BARNES, WM. H. L.
First Congressional District.
BARRY, EDWARD.
Nevada and Sierra Counties.
BARTON, JAS. N...Mendocino, Humboldt, and Del Norte Counties.
BEERSTECHER, CHAS. J.City and County of San Francisco.
BELCHER, ISAAC S..
-Third Congressional District.
-City and County of San Francisco.
Siskiyou and Modoc Counties.
Third Congressional District.
----San Diego County.
Napa, Lake, and Sonoma Counties.

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....
HARDWICK, G. M.*
Butte County. HARRISON, THOMAS.
Tulare County. HARVEY, JOEL A.

Placer County. HEISKELL, TYLER D.
-Alameda County. HEROLD, CONRAD.
Sacramento County. HERRINGTON, DENNIS W..

First Congressional District. HILBORN, S. G..
Plumas, Lassen, and Butte Counties. HITCHCOCK, JOHN R. W.
Sonoma County. HOGE, JOSEPH P.
..City and County of San Francisco. 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..
-Santa Barbara County. LARKIN, HENRY
Placer County. LARUE, HUGH M..
Ventura County. LAVIGNE, RAYMOND.

CROUCH, ROBERT

DAVIS, HAMLET

DEAN, J. E...
DOWLING, PATRICK T.
DOYLE, LUKE..
DUDLEY, JAMES M.
DUDLEY, W. L. ---
DUNLAP, PRESLEY.
EAGON, JOHN A.

EDGERTON, HENRY
ESTEE, MORRIS M...
ESTEY, THOMAS H...
EVEY, EDWARD..
FARRELL, SIMON J.
FAWCETT, EUGENE.

FILCHER, J. A..
FINNEY, CHAS. G...

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-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.

San Joaquin County. SHOEMAKER, RUFUS... City and County of San Francisco. SHURTLEFF, BENJAMIN - Fourth Congressional District. SMITH, E. O.

-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.

Mariposa and Merced Counties.
Sonoma County.
Humboldt County.

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..
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..
Sutter County. VAN VOORHIES, WILLIAM_
O'SULLIVAN, JAMES.
City and County of San Francisco. WALKER, HUGH

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.

Third Congressional District. WALKER, JOHN.
Second Congressional District. WATERS, BYRON

.. Fourth Congressional District.
Amador County. WEBSTER, JONATHAN V.
-Alameda County.
Butte County. WELLER, JOSEPH R...
Santa Clara County.
Mono and Inyo Counties. WELLIN, PATRICK M.
-City and County of San Francisco.
Solano and Yolo Counties. WEST, JOHN P.
Los Angeles County.
City and County of San Francisco. WICKES, JOHN T...
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.
San Diego and San Bernardino Counties. WILSON, SAMUEL M..
First Congressional District.
Fourth Congressional District. WINANS, JOSEPH W..
San Joaquin County. WYATT, N. G.
Third Congressional District.

- First Congressional District.
..Monterey County.

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

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.

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....
ROLFE, HORACE C..
SCHELL, GEORGE W..

SCHOMP, JUSTUS..
SHAFTER, JAMES MCM...

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CONSTITUTION OF CALIFORNIA.

CONSTITUTION.

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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.

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 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 person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled, in any criminal case, to be a witness against

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.

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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.

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 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 all elections which are now or hereafter may be authorized by law; provided, that nothing herein contained shall be construed to prevent the Legislature, by a two-thirds concurrent vote, from admitting to the right of suffrage Indians, or the descendants of Indians, in such special cases as such a proportion of the legislative body may deem just and

proper.

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.

SEC. 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privileges of an elector. SEC. 6. All elections by the people shall be by ballot.

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