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
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 to 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 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 case 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 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, 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
- ↑ Verified from “The Debates in the Convention of California on the Formation of the State Constitution in September and October, 1849.” Reported by J. Ross Browne, Washington. Printed by John T. Towers, 1850. Appendix, pp. III-XL. Also by the Laws of California, 1849-1879. Also by the text printed in Vol. I, pp. 5-11, of “The Debates and Proceedings of the California State Constitutional Convention of 1878–9.”
- ↑ This convention was framed by a convention called by General Riley, U.S.A., as provisional governor, which met at Monterey September 1, 1849, and adjourned October 13, 1849. The constitution submitted by them to the people was ratified November 13, 1849, receiving 12,061 votes against 811 votes.
