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- 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.
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