The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-08


md publish his sentiments on all subjects, being
responsible for The abuse Of hat right and no law
hall be par sed to restrain or abridge the liberty Of
-ieech OF the press In all criminal prosecutions
on indictments tor libes, The truth may be gwen IN
violence to The jury; and If il shall appear 10 the
and was published with good motives and for ustl-
fable ends, the parry shall be acquitted and the
iuEy shall have the night to determine the law and
the fact.
SIC TO- The people shall have the right freely
to assemble together, TO consult for the common
good, To instruct their representatives, and TO petit
lion the legislature for redress Of grievances,
SEC ii All laws OF general nature shall have
a uniform operation.
SIC. IL. The military shall be subordinate to the
civil power. No standing army sha be kept upby
this State IN time of peace; and IN Iine OF war no
appropriation Tor IA standing army shall be Tor a
longer lime Than two years
SIC. IL. No soldier shall, in time of peace, be
quaTlered IN any house, without the consent OF the
owner; nor IN nme Of war, except IN the manner 10
be prescribed by law.
SEC. a. Representation shall be appcrloned ac-
cordiDg IN population.
SEC. 10 No person shall be imprisoned for debt.
IN any civil acuon on mesne or laal process, unless
IN cases oi fraud and no person shall be nnprson-
cd for militia fine III time Of peace.
SEC. 10 No bill at a,alnder er post fdeto law, or
law impalrng the obligation OF contracts, shall ever
be passed.
Src. H. Foreigners who are, or who may here
after become, bona Fde residents OF this State shall
enjoy The rights in respect TO the possession,
enjoyment and inheritance of property, as native
born citizens.
Sno. Is. Neither slavery, nor Involuntary servi-
fude unless for The punishment Of Tinles, shat erer
be tolerated ~ this STATE.
SEC. 10. The right Of the people to be secure in
lbeIr persons, houses, papers and elects, against
unre asonabe seizures and searches, shall not be
violated and no warrant shall Issue but on proba-
bic cause, supported by oath or affirmation, particu-
larry describing the place 10 be searched, and the
tlt h. ats.AH
SEC. 20 Treason against the State shall consist
only in lcvypg against il, adherDg to Its enc
mics, or giving them aid aud comfort. No person
shall be convicted of treason, unless GA the evl-
dence at TWO Witnesses 10 the same overt act, or
confession IN open court.
SEC. q. This enumeration Of rights shall not be-
construed to impair deny others retained by the
people.
ARTICLE IT..
Right of Suffrage.
SEC. i. 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 Quereiaro, on the 30th day of May,
1913, OF the age OF twenty-one years. who shall
have been 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 entl-
tied 10 vote at all elections which are now or here
after may be authorized by law: Provided, that
nothing herein contained shall be construed to
prevent the Legislature, by two-thlrds concurrent
vote, from admitting to the right OF suffrage, Ind.
ans or the descendants Of Indians, in such special
cases MS such proportion OF the legislative body
may deem Just and proper.
SIC. 2. Electors shall, in all cases except trea-
son, felony, or breach OF the peace, be privileged
from arrest the days OF the election, during their
attendance at such election, going to and returning
SIC. 3. No elector shall be obliged to perform
militia duty on the day OF election, except In time
of war or public danger.
SIC. 4. For the purpose of voting, no person
hall ka do IN ned ian
by reason Of his presence or absence whie en-
ployed in the service OF the United States; nor
while engaged IN The navigation Of TIE waters of
this State, or Of the United States, of the high
seas; nor while student OF any seminary OF learn
ing; nor while kept al any aimshouse, or other
az, lum,. AT public expense; nor while confined IN
any public PRISON.
SEc. g. No idiot or insane person, or person con-
victsd OF any infamous crime, shall be entitled TO
The privileges Of an elecior
SIC. g. All elections by the people shall be by
ballot
ARTICLE III.
DistributiOa Of POUerS.
The powers or the government Of the State Of
California shall be divided into three separate de-
parments: the Legislature, the Executive, and Jul
dical and no person charged with the exercise of
powers properly belonging 10 one of these DEPART
mepts, shall exercise any functions appertiining 10
either OF the others; except IN the cases hereinai-
ter expressly directed or permitted.
ARTICLE w.
f<grS0ffre DtIdrfnifM
SEC. i. The legislative power OF this State shall
be vested ia Senate and Assembly, which shall
he designated the Legislature of the State Of Cali
ioins, and the enactiBg clause OF every law shall
be as follows; "The people OF the State of CaIior-
MIA, represented IN Senate and Assembly, do enact
as follows"
she 2. The sessions of the Legislature shall be
annual, and ehbil commence on the first Monday
al January, Be N ensuing the election OF Its mem-
b.Ts; unlsss the Governor of the State shall, in
The interim, convene the Legislature by procldma-
ton.
SIC 3. The members of the Assembly shall be
chosen annually, by the qualified electors Ut their
respective districts, on the Tuesday next after the
hIsi Monday In November, unless otherwise or
oerrd by the Legislature, and their term Of office
shall be che yesr
SIC. 4. Senators and members Of Assembly
shai be duly qualified ELECTORS IN the respective
counties snd dlstucts which they represent.
SIC. D, Senators shall be chosen Tor the term OF
Two years, AT The ram, time and places rs members
81 Assembly; and no person shall be- "A member OF
the Senate or Assembly. who has not been "A cit-
zen and DhabiiaDt Of the State one year, and OF
the county or district for which he shall be chosen,
SIX months next before his election.
SIC. &. The number at Senators shall not he less
then one third, nor more than one halt of that of
the m, mhsrS al Assembly: and at the rst session
81 the Legislature after this Constitution takes ef-
feet, the Senators shal be divided by lot ~ equally
may be- into two olasses; the seats of the Srna-
tors at the trsi class shall be vacated vt the exp-
ramon oi the fret year, 80 That one halt shall be
thos.n annually.
src. Z. When the number Of Senators IL in
creased, they shall be spporiloned by lot, 81 as TO
keep the Two classes as nearly equal IN number
possible.
SIC s. Each house shall chooseits own officers,
and Jucre ~ the qualifications, elections, AID re-
turns a. IL own members
SIC 9. A msldiity ct each house shall constI-
tuie n quoium To- do business; but smaller num-
Der may adjourn from day to Gay, and may COM
t,l the atts Bdauce 81 absent members, ia such
nd unsr mol hnu
rsay Iruvdr.
SIc. 10. Each house shall determine the rules |
oi it own proceedings, and may with the coucur-
renee oi t0o.thitds OF all the members elected, es-
pei member
SIC H. Zach house shall keep Journal ct ia |
own Iioct edlngs, and publisn the SAM; aud the |
tas ard nsys ~ the members of either house, On
any question:, shall. al the desire an. three mem
befr ptesehf be entered on the journal
SIC. " members Of The LEGISLATURE snail, N all
cases .Ac,pt treason, felony, and breach Ut the