Category : Various Text files
Archive   : LAWNB3.ZIP
Filename : CALIFORN.TXT

CALIFORNIA DECLARATION OF RIGHTS
(1849)


Preamble

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.

Sec. 1. All men are by nature free and independent, and have certain un-
alienable 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 in inherent in the people. Government is in-
stituted 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 in-
violate for ever; 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 wor-
ship, 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 acts of licentiousness, or justify practices
inconsistent with the peace or safety of this State.

Sec. 5. The privilege 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 punishments 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 in-
famous 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 indict-
ment 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 offence; 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 without just compensa-
tion.

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 indict-
ments 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 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 ob-
ligation of contracts, shall ever be passed.

Sec. 17. Foreigners who are, or may hereafter become bona fide residents of
this State, shall enjoy the same rights in respect to the possess-
ion, enjoyment, and inheritance of property, as native born citi-
zens.

Sec. 18. Neither slavery, nor involuntary servitude, unless for the punish-
ment of crimes, 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 on 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 it enemies, or giving them aid and com-
fort. No person shall be convicted of treason, unless on the evi-
dence 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.