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CONSTITUTION OF THE STATE OF CALIFORNIA. 
late forever; 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 excuse acts of licentiousness, 
or justify practices inconsistent with the peace or safety of this State. 
Sec. 5. 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. 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 
offences, when the proof is evident, or the presumption great. 
Sec. 8. No person shall be held to answer for a capital or otherwise infa¬ 
mous 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 present¬ 
ment or indictment 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 for public 
use without just compensation. 
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 indictments for libels, the truth may be given in evi¬ 
dence to the jury; and if it shall appear to the jury that the matter charged 
as libellous 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 deter¬ 
mine 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, with¬ 
out the consent of the owner; nor in time of war, except in the manner to 
be prescribed by law. 
