The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-12-22
The Constitution Of California.

soVsCfhUr hiity nus lSSueu MS prOcli
nation calling upon the People to vote f
or against the adoption of the Constitute
which has been framed by their delegate
assembled in Convention. The places ft
holding the polls are to be designated b
the Projects in their respective district.
The Proclamation closes thus:-
"The people are now called upon
form government for themselves, and
designate such officers as they desire
make and execute the laws That thei
choice may be wisely made, and that til
Government so organized may secure tn
permanent welfare and happiness of tn
people of the new State, is the sincere ant
earnest wish Of the present Executive, VIII,
if the Constitution be ratified, will, will
pleasure. surrender his powers to whom
soever the people may designate as hi
SUCCESSOR"
The Constitution does not differ essen
tally from that Of the State of New York
upon which in its most essential particulars
it has been evidently nodded.
The following synopsis gives all its pro
visions of any Importance
ARTICLE I.-DEcLARAT1oN OF RIGHTS.
l.. All men are by nature free and in
dependent--and have certain inalienable
rights.
2. All political power is inherent in the
people: government is for their benefit, and
they have a right to change it at will.
8. The right of trial by jury shall be Sc
cured tchall forever, but ajury trial may be
waived by the parties in all civil cases.
A. The free exercise of religious wor-
ship shall be forever allowed-and no re-
ligious test shall be required for civil priv
ileges.
5. The writ of ha6eas corpus shall not
be suspended unless necessary in cases of
rebellion or invasion.
6. Excessive bail shall not be required
nor cruel or unusual punishment be in
ficted.
Z. All persons shall be bailable except
for capital offences.
8. No person shall be held to answer
for capital or infamous crime except on
presentment by grand jury-nor be put
twice in jeopardy for the same offence,
nor be compelled to be witness against
himself.
8 8. No law shall be passed to abridge the
freedom of speech or the press. In trials
for libel, if the matter charged be true and
published with good motives and justifable
ends, the party shall be acquitted, and the
jury shall determine both the law and the
fact.
10. The people shall have the right to
meet freely, instruct their representatives,
and petition the Legislature
IL. All general laws shall have uni
form operation.
12. The military shall be subordinate to
the civil power-no standing army shall
be kept in time of peace. nor in time of
war shall appropriations for the army be
made for more than two years.
l3. No soldier shall be quartered in any
house without the consent of the owner, or
as prescribed by law.
IA. Representatives shall be apporion-
ed according TO population.
Is. No person shall be imprisoned for
a militia fine in time Of peace.
16 No bill Of attainder, CO post facto
law, or law impairing the obligations of
contracts, shall ever be passed.
II. Foreigners, bona .Gde residents of
this State, shall enjoy the same rights in
respectto property, asnative born citizens.
18. Neither slavery, nor involuntary SER
vitude, unless for the punishment Of crimes,
shall ever be tolerated in this State.
10. The right of the people to be secure
in their persons. houses, papers, and ef-
fects, against unreasonable seizures and
searches, shall not be violated.
90. Treason against the State shall con-
sist only in levying war against it, adher-
ing to its enemies. or giving them aid and
comfort Noperson shall be convicted of
treason, unless on the evidence oftwo wit
nesses to the same overt act, or confession
in open court.
2l. This enumeration of rights shall not
be construed to impair or deny others re-
aimed by the people.
ARTICLE II.-RIGHr OF SUFFRAGE.
1. Every white male citizen OF the Uni
ed States and every white male citizen of
Mexico, who shall have elected to become
4 citizen of the United States, under the
treaty of peace exchanged and ratified at
luertaro, on the 30th day Of May, 1848,
# the age of twenty one years who shall
lave been a resident of the State six
months next proceeding the election, and
he county or district in which he claims
,is vote thirty days, shall be entitled to
,ote at all elections which at all are now,
,r hereafter may be authorized by law
Provided that nothing herein contained
shall be constructed 10 prevent the Legis-
Iature, by a two-thirds concurrent vote,
from admitting to the right of suffrage,
Indians or the descendants of Indians. in |
such special cases as such proportion OF
the Legislative body may deem just and
proper.
2. Electors are privileged from arrest
and are not obliged to perform militia duty