The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-08
Constitution Of the State OF California.
Proclaim alton TO the People Of California.

Proc lam alton TO the People Of CALIFORNIA;
The delegates OF the people, assembled IN Con-
venuOn, have formed u constitution, when a. now
presented tor your ratification. The time and
manner OF voting on this constitution, and ot hold
ing the hrt general election, clearly set forth IN
the schedule, The whole subject l., therefore, lett
for our unbiased aud deliberate consideration.
The Project Cor perton exercising III functions
az that oiice) OF each district, will designate the
places for opening the polls and give due notice OF
The election, IN accordance with the provisions ut
the constitution and schedule.
The Tet DE are now called upon 10 form 90
ment for themse ves. and designate such of
tceTs they desire to make aud execute the laws.
That their choice may be- wisely made, and that
the aoNefnnitn Mt - organized may secure the per-
nisucnt welfare and hapy nsss oi the people al the
new STATE, IL the sincere and earnest wish ct the
Iiesent Executive who, II the constitution be rati
fed, will. with pleasure, surrender his powers to
whomso,v,r the people may designate as his sue
CestUr.
Given al Monterey, California, this 18th day Of
October, A ID, 1879
(Siensd) y. Rn.Ey,
BIeve, Brig. General U. S. a, and Governor
(OfhciaD H. w HaLEcK.
Brevti Captain and Secretary Ut state.
III. me Pssgle of Cohfgrna. gro,efuifo Air,ighfV
God 1or fr,sdopi. az ardc 10 secure is bi,ss-
sngs, DO csfablist thn Constitution -
ARucLg l.
Dcsfg,OfiOs 81 Rights.
Src. i. All men are by nstur, Tree and ndepen-
debi. and have certain insenable rights. among
which are those 81 enjoying sud Offending lite and
Liberty, acquiring, possessing and protecting pro.
rerp, and pursuing and obtaining safety aud hap
pln.ss.
SIC 2 All political power is inherent IN the peo-
ple. Government " instituted for the protection,
security aud benefit ~ The people and they have
the right To- alter reform the same, whenever the
public good may require ~.
&c 3 The right # tfalhy jury shall 10 secured
90 all, and remain inviolaie forever but jury tnil
may be waived by the parties, IN all cIyI cases, IN
the manner 10 be rrescnbed nv law.
SIC. 4. The tfte exercise and enjoyment ~ rsli-
pious proft ssion and worship, without discrmIna-
uou or preference, shall forever be allowed IN this
State and no person shall he rendered incomfe-
tent 10 b. winners On account oi his opinions ON
matters 81 religious bei,i bpt the liberty Of con-
science, hereby secured, shali not be so construed
~ TO excuse acts Of RIGHTEOUSNESS or Justify prac-
tees inconsistent with the peace or saiey OF this
State.
sue 8 The privilege Of the writ o. habe1s corpus
hall not be suspended. unless when, in cases OF re-
belhon ~ invasion, the public safety may require
its Suspension
SIC 9. lac, ssive bail shall no, be- required. nor
excessive hnrs imposed. nor shall crrl or unusual
punishmehts be inflicted, nor shall Witnesses be
unreasonable detained
syc. z. All psrsons shall BE- bailabe. by sufficient
suretes unless for capital ote ces, when the proof
is evident or the presumption great.
SIC & No pc rson shall be held to- answer for
a capital or otherwise infamous crime (sxceN IN
cases OF impeachment. and IN cases oi militia when
IN actual service. and the land and naval forces IN
time If wor. ar which this State may Keep with the
consent oi Congress in time 81 peace, and IN cases
Of petit larceny under the regulation OF the LeRis-
lsiure), unless On presentmem or indictment ui a
grand Jury: and ~ any trial IN any court Whatever
the parry accused shall he allowed To appear aud
defend 10 person and with counsel. ss m civil ac-
uons No lerson shsli be subject 10 be twice put
IN jeopardy for the same offence nor shall he be
cOmpelltd, IN any criminsl case, 10 be n witness
against himse y, nor be deprived oi lie. liberty, or
properly, without due process Of law; nor shall
private property be taken for public use without
Just compensation.
SEC. s. Every citizen may freely speak, wnte