Los Angeles daily herald., 1875-06-06
PROPOSED AMENDMENTS
TIE-
Constitution of the State of California.
The Legislature Of the state of Cali
fOrnfa. at its Twentieth Session,

SECTION |. All men are by nature free and
independent, and have certain inalienabie
rights, among which are those of enjoying and
defending life and liberty; acquiring, possess
ing and protecting property and pursuing ana
obtaining safety and happiness.
SEC. 2. All political poweris inherent in the
people, Government is instituted for the pro-
lection. 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 he Sc
cured to all, and remain inviolate forever;
but a jury trial may be waived by the parties
in all civil cases, in the manner to be pre-
scribed by law. In civil cases, If three-fourths
agree upon verdict, it shall be taken as the
verdict of the jury.
SEC. 4. The free exercise and enjoyment of
religious profession and worship, without dis
elimination or preference, shall forever be
allowed In this State; and no person shall be
rendered incompetent TO be a witness on ac-
count of his opinions on matters OF religious
belief; but the liberty of conscience hereby
secured shall not be so construed as TO excuse
acts of RIGHTEOUSNESS, or justify practices in
consistent with the peace or safety OF this
state.
SEC. s. The privilege of the writ of habeas
corpus shall not be suspended, unless when,
in cases OF rebellion or invasion, the public
safety may require its suspension.
SEC. 8. Excessive bail shall not be required
nor excessive fines imposed; nor shall cruel
or unusual punishments be inflicted; nor
shall witnesses be unreasonable detained.
4.
ficient sureties, unless for capital offenseS
when the proof is evident or The presumption
great.
SEE &. No person, without his written con-
sent, shall be held to answer for Il capital or
otherwise infamous crime, except i'll eases OF
impeachment,andi 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
mad
Jury; and, in any trial in any court
whatever, the party accused shall be
allowed to appear and defend, III per
son and with counsel, as in civil acllons. Ihe
Legislature may fix, at not less than twelve
the number of Grand Jurors to form u panel,
or TO find an indictment. No person shall be
subject to be twice put in Jeopardy tor the
same Offense; nor shall he be compelled, in
any criminal case, to be witness against
himself; nor be deprived of life, liberty, or
property, without due process OF law; nor
shall private property be taken or damaged
for public use, without just compensation
first made. The presentment or indictment
mentioned in this section may be amended
by the Court in matter of form in such man
aer as the Legislature may by statute pro-
vide.
SEC. 9. Every citizen may freely speak,
write and publish his sentiments on all sub
jects 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 indictments
ior libels, the truth may be given in evidence
10 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 10 deter
mine the law and the fact
SEC. 10. The people shall have the rlght
freely to assemble together 10 consult for the
common good, to instruct their Representa-
tlves, and to petition the Legislature ior re-
dress of grievances. ,
SEC. Ii. All laws of II general nature shall
have uniform operation upon the same
SEC. Il. The military shall be subordinate
To the civil power. No standing army shall
be maintained by this State in time OF peace
SEC. l3. No soldier shall IN time OF peace, De
uuartered in any house, without the consent
Of the owner; nor in time of war except IN
the manner to be prescribed by law.
SEC. ii. No person shall be imprisoned for
debt in any civil action on mesne or nnai
process unless in eases of fraud; and no per-
son shall be imprisoned for militia me IN
time of peace.
SEC. Is No bill of attander. ex post facto
law, or law impairing the obligation OF con-
tracts, shall be passed.
SEC. l6. Foreigners who are or who may
hereafter become bona fde residents OF this
state, shall enjoy the same rights in respect
TO the possession, enjoyment and inheritance
OF property as native born citizens.
SEC. H. Neither slavery nor involuntary
servitude, unless for the punishment OF crime,
shall ever be tolerated in this State.
SEC. 49, The right of the people to he secure
in their persons, houses, papers and effects
against unreasonable seizures and searches,
shall not be violated; and no warrant snail
issue, but for probable cause, supported by
oath or affirmation, particularly describing
the place to be searched and the persons ana
things to be seized.
SEC. 49, Treason against the State shall con-
sst only in levying war against it, adher1ng TO
its enemies, or giving them aid and comfort.
No person shall be convicted oftreason unless
on the evidence OF two witnesses TO Inc same
overt act. or confession in ODGO Court
SEC. 20. This enumeration of rights shall
not be construed to impair or deny others re-
tanned by the people.
Amend Article II of said Constitution to
read as follows:
ARTICLE II.
RIGHT OF SUFFRAGE AND ELECTIONS.
SECTION |. Every male citizen twenty-nne
years of age, possessing the following qualifi-
cations, shall be entitled to vote at all elec-
tions:
/. He shall have been citizen oftheUnited
States at least one month.
q He shall have resided in the state slS
months Immediately preceding the election
8. He shall have resided in the election pre-
Immediately INN preceding the election.
SEC. @ No idiot or insane person, or person
convicted of any infamous crime, snail bt
entitled to the privileges Of an elector.
SEC. 3. For the purpose OF voting, no person
shall be deemed to have gained or lost resi-
dence by reason OF his presence or absence
while employed in the service OF the Unlteo
States, nor while engaged in the navigation
of the waters of this State or of the United
States, or of the high seas; nor while a stu
dent at any seminary of learning; nor while
kept at any almshouse or other asylum a
public expense; nor while c.mnrd IN any
public prison. nor shall amy pers''u ~ the
military, naval or marine service ct fht
United States, by reason OF being sta,i" u
any military or naval station within the STATE
be considered resident OF this sta e.
SEC. 4. No elector shall be obliged To per
forn militia duty on the day OF election, eN
cept In time of war or public danger.
SEC. g. Electors shall, in all cases eX epl
treason, felony or breach of the peace, be pr
vileged from arrest on the days of election
during their attendance at such election, go
ing to and returning therefrOm.
SEC. 9. The general election shall be helt
on the Tuesday next following the first Mon
day in November, A. d. one thousand eigh
hundred and seventy-seven, and every two
years thereafter, unless the Legislature by
statute fix different time
SEC. l. All elections by the people shall bt
by ballot. All elections by persons in rep
resentative capacity, shall be viva voce.
SEC g. A plurality OF the votes given at any