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Mary Klann
HIST 110 – Fall 2019
September 20, 2019
Andrew Carnegie’s Gospel of Wealth
The United States saw vast industrial development in the late
nineteenth and early
twentieth centuries. During this era, known as the “Gilded
Age,” manufacturing industries such
as steel, machinery, chemicals, and packaged foods grew,
transforming the nation from a country
of farmers into an industrial society. (Module 5 Lecture Slides)
Ordinary Americans experienced
drastic changes in their everyday lives. In addition to increasing
access to technological
innovations like typewriters, telephones, and refrigeration, the
workplace became more
mechanized and routinized. (Module 5 Lecture Slides) However,
although Americans all over
the country felt these changes, not everyone profited from them.
The Gilded Age was an age of
sweeping economic development but also extreme inequality.
Leaders of newly consolidated
corporations worked to improve efficiency, cut costs, and grow
profits. By the 1890s, steel
magnate Andrew Carnegie and other businessmen like J.D.
Rockefeller and J.P. Morgan had
accumulated vast amounts of wealth, fortunes that are “still
among the largest the nation has ever
seen.” (American Yawp, Ch 16, Part III) Carnegie and other
“captains of industry” were part of
an elite class of Americans which not only controlled the
majority of the nation’s wealth, but
shaped American understandings of “high” culture. (Module 5
Lecture Slides) Carnegie justified
the societal and economic inequality that his own business
practices exacerbated by asserting
that millionaires like himself were beneficial for American
society: they were “the bees that
make the most honey, and contribute most to the hive even after
they have gorged themselves
full.” (Module 5 Lecture Slides)
Commented [MCK1]: Make sure you include your name
somewhere in the document.
Commented [MCK2]: Use the title of the primary source
for the title of your paper.
Commented [MCK3]: Citations can be in this simple
format. When in doubt, cite your information.
Commented [MCK4]: Use direct quotes from secondary
sources like the American Yawp textbook sparingly. Only use
them when you are sure there is no better way to state this
information.
Commented [MCK5]: The historical context you highlight
should be relevant to your specific source. What
background information is necessary to establish before you
can get into more detailed analysis of your source?
In his essay, “Wealth,” published in the North American
Review in 1889, Carnegie
argued that inequality itself was a marker of advanced
civilization. It was better, he reasoned, to
have “great irregularity” between the wealth of laborers and the
upper echelons of society than to
have “universal squalor.” (Carnegie, Ch 16) Carnegie
maintained that despite this “irregularity,”
all Americans were better off in 1889 than they had been in the
past. With industrialization came
radical change to Americans’ lives. According to Carnegie, it
was the “man of Wealth” who was
responsible for initiating this “revolution” of the “conditions of
human life.” (Carnegie, Ch 16)
Thus, millionaires were the driving force behind progress
itself—not only were they to be
thanked for “wonderful material development[s]” but also
advancing American society to a new
“stage in the development of the race.” (Carnegie, Ch 16)
Carnegie’s “gospel of wealth” imbued
Gilded Age business practices, economic competition, and vast
social inequality with scientific
power: the success of millionaires like Carnegie was proof of
American advanced development.
It was impossible for all Americans to share in the same wealth
as the “few” who
controlled industrial and commercial business. But with that
wealth came the power to move
American society forward, to act as “trustee for the poor,” and
use their resources “for the
general good.” (Carnegie, Ch 16) Carnegie’s emphasis that
inequality signified societal progress
echoed Social Darwinist thinkers from the age who argued that
in order for American society to
be truly free, it needed to be unequal. For example, William
Graham Sumner, prominent
American Social Darwinist, argued that there were only two
options: “liberty, inequality,
survival of the fittest” or “not-liberty, equality, survival of the
unfittest.” (Module 6 Lecture
Slides) In his essay, Carnegie reiterated these ideals. The “law
of competition” ensured the
“survival of the fittest in every department.” (Carnegie, Ch 16)
To Carnegie, true progress and
Commented [MCK6]: In the analysis portion, this essay
focuses on the purpose of the source—what was the
author’s main message or argument?
Commented [MCK7]: Utilizing quotes from your primary
source can help to elevate your analysis. To make sure your
voice is strong, keep quotes short.
Commented [MCK8]: The author’s place in society is
another key aspect of this particular primary source, and
plays a large role in the analysis.
Commented [MCK9]: In your analysis, be sure to connect
the source to the historical context you established in the
first paragraph.
Commented [MCK10]: The analysis section also explores
some other implications/conclusions that can be drawn
from the source by connecting it to other examples from
lectures.
liberty meant that millionaires like himself should have the
ability to freely accumulate as much
wealth as they were able. This would ultimately advance
American society. Commented [MCK11]: This particular essay
only focused
on three of the questions listed under the analysis
guidelines in the prompt: the questions on purpose, author,
and other implications. It is up to you to decide which
question(s) will yield the most fruitful analysis for your
particular source.
Primary Source Analysis Paper A
1. to analyze “Constitution of California, Articles I and II,
1879”
Put the source into historical context.
In a succinct, complete paragraph, establish key details about
the setting and time period of your chosen source. In order to
construct this paragraph, you may answer the questions below.
However, these should be complete paragraphs, NOT bullet
points. (Length: 0.5-1 page, double-spaced)
1. Time: What do you know about the time period in which the
source was written? What were the major conflicts, events,
and/or trends taking place at the time?
2. Place:What region does the source originate from? What do
you know about the region? Are there any unique characteristics
of the region we’ve covered in lecture or mentioned in your
textbook?
Note: In order to formulate the first paragraph, you may draw
upon lecture slides, American Yawptextbook chapters, and
the Memory Palacepodcast episodes. You may also use
the JSTOR Dailyarticles from Weeks 2-5. Do NOT use any
other internet research.Analyze the source itself.
In two complete, succinct paragraphs, analyze your source in
detail. In these paragraphs, you are exploring why this
particular source is significant and what it specifically reveals
about the historical context in which it was written. You may
use the questions below to guide your analysis. Pick which
question or questions you think will help you highlight the most
interesting aspects of your source, and build your analysis from
there. These should be complete paragraphs, NOT bullet
points. (Length: 1-1.5 pages, double spaced)
1. Purpose: What was the author’s message or argument? Is the
message explicit, or are there implicit messages as well?
2. Methods: How does the author try to get his/her message
across? What methods does he or she use to communicate that
message/argument?
3. Author: Who is the source’s author? What do you know about
his/her place in society? Does the author’s race, sex, class,
occupation, religion, age, region, or political beliefs impact the
source’s purpose or methods? How and why?
4. Audience:Who constituted the intended audience for this
source? Was this source meant for the public?
5. Other Implications/Conclusions:What else can the source tell
you? What are the important metaphors or symbols? What do we
learn from the author’s choice of words? What does the author
choose not to talk about, and why might that be important?
Formatting Details:
1.
1. Total length: 1.5-2 pages, double-spaced.
2. Indicate your chosen primary source at the top of the first
page.
3. Cite your sources. Examples of parenthetical citation format:
· Lectures – (Lecture #, Date)
· American Yawp textbook chapters – (American Yawp Ch #,
Part #)
· American Yawp primary sources – (Author’s name, Ch #)
· Memory Palace podcasts – (DiMeo, Episode #)
· Other primary sources – (Author’s name, page #)
California Constitution of 1879, prior to any amendments
T h e o r i g i n a l o f t h i s d o c u m e n t i s i n :
C a l i f o r n i a S t a t e A r c h i v e s
1 0 2 0 “ O ” S t r e e t
S a c r a m e n t o C A 9 5 8 1 4
C O N S T I T U T I O N
OF THE
S T A T E O F C A L I F O R N I A .
ADOPTED IN CONVENTION, AT SACRAMENTO, MARCH
THIRD, EIGHTEEN HUNDRED AND SEVENTY—NINE;
RATIFIED BY A VOTE OF THE PEOPLE ON WEDNESDAY;
MAY SEVENTH, EIGHTEEN HUNDRED AND SEVENTY—
NINE.
PREAMBLE AND DECLARATION OF RIGHTS.
PREAMBLE.
WE, the People of the State of California, grateful to Almighty
God for our
freedom, in order to secure and perpetuate its blessings, do
establish this Constitution.
ARTICLE I.
DECLARATION OF RIGHTS.
SECTION 1. All men are by nature free and independent, and
have certain inalienable
rights, among which are those of enjoying and defending life
and liberty; acquiring,
possessing, and protecting property; and pursuing and obtaining
safety and
happiness.
SEC. 2. All political power is inherent in the people.
Government is instituted for
the protection, 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 State of California is an inseparable part of the
American Union, and the
Constitution of the United States is the supreme law of the land.
California Constitution of 1879, prior to any amendments
SEC. 4. The free exercise and enjoyment of religious
profession and worship, without
discrimination or preference, shall forever be guaranteed in this
State; and no person
shall be rendered incompetent to be a witness or juror 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. All persons shall be bailable by sufficient sureties,
unless for capital
offenses when the proof is evident or the presumption great.
Excessive bail shall not
be required, nor excessive fines imposed; nor shall cruel or
unusual punishments be
inflicted. Witnesses shall not be unreasonably detained, nor
confined in any room
where criminals are actually imprisoned.
SEC. 7. The right of trial by jury shall be secured to all, and
remain inviolate; but in
civil actions three fourths of the jury may render a verdict. A
trial by jury may be
waived in all criminal cases, not amounting to felony, by the
consent of both parties,
expressed in open Court, and in civil actions by the consent of
the parties, signified in
such manner as may be prescribed by law. In civil actions, and
cases of misdemeanor,
the jury may consist of twelve, or of any number less than
twelve upon which the
parties may agree in open Court.
SEC. 8. Offenses heretofore required to be prosecuted by
indictment shall be
prosecuted by information, after examination and commitment
by a Magistrate, or by
indictment, with or without such examination and commitment,
as may be
prescribed by law. A grand jury shall be drawn and summoned
at least once a year in
each county.
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
for libels, the truth may be given in evidence to 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 to determine the law and the fact. Indictments
found, or
information laid, for publications in newspapers shall be tried in
the county where
2
California Constitution of 1879, prior to any amendments
such newspapers have their publication office, or in the county
where the party
alleged to be libeled resided at the time of the alleged
publication, unless the place
of trial shall be changed for good cause.
SEC. 10. The people shall have the right to freely 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 no
soldier shall, in time
of peace, be quartered in any house without the consent of the
owner; nor in time
of war, except in the manner prescribed by law.
SEC, 13. In criminal prosecutions, in any Court whatever, the
party accused shall
have the right to a speedy and public trial; to have the process
of the Court to compel
the attendance of witnesses in his behalf, and to appear and
defend, in person and
with counsel. No person shall be twice put in jeopardy for the
same offense; nor
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.
The Legislature
shall have power to provide for the taking, in the presence of
the party accused
and his counsel, of depositions of witnesses in criminal cases,
other than cases of
homicide, when there is reason to believe that the witness, from
inability or other
cause, will not attend at the trial.
SEC. 14. Private property shall not be taken or damaged for
public use without
just compensation having been first made to, or paid into Court
for, the owner,
and no right of way shall be appropriated to the use of any
corporation other than
municipal until full compensation therefor be first made in
money or ascertained
and paid into Court for the owner, irrespective of any benefit
from any
improvement proposed by such corporation, which
compensation shall be
ascertained by a jury, unless a jury be waived, as in other civil
cases in a Court of
record, as shall be prescribed by law.
SEC. 15. No person shall be imprisoned for debt in any civil
action, on mesne
or final process, unless in cases of fraud, nor in civil actions for
torts, except in
cases of willful injury to person or property; and no person
shall be imprisoned
for a militia fine in time of peace.
SEC. 16. No bill of attainder, ex post facto law, or law
impairing the obligation of
contracts, shall ever be passed.
3
California Constitution of 1879, prior to any amendments
SEC. 17. Foreigners of the white race or of African descent,
eligible to become
citizens of the United States under the naturalization laws
thereof, while bona fide
residents of this State, shall have the same rights in respect to
the acquisition,
possession, enjoyment, transmission, and inheritance of
property as native-born
citizens.
SEC. 18. Neither slavery nor involuntary servitude, unless for
the punishment
of crime, shall ever be tolerated in this State.
SEC. 19. The right of the people to be secure in their persons,
houses, papers,
and effects, against unreasonable seizures and searches, shall
not be violated; and
no warrant shall issue, but on probable cause, supported by oath
or affirmation,
particularly describing the place to be searched and the persons
and things to be
seized.
SEC. 20. Treason against the State shall consist only in
levying war against it,
adhering to its enemies, or giving them aid and comfort. No
person shall be
convicted of treason unless on the evidence of two witnesses to
the same overt act,
or confession in open Court.
SEC. 21. No special privileges or immunities shall ever be
granted which may not
be altered, revoked, or repealed by the Legislature; nor shall
any citizen, or class of
citizens, be granted privileges or immunities which, upon the
same terms, shall not
be granted to all citizens.
SEC. 22. The provisions of this Constitution are mandatory and
prohibitory,
unless by express words they are declared to be otherwise.
SEC. 23. This enumeration of rights shall not be construed to
impair or deny
others retained by the people.
SEC. 24. No property qualification shall ever be required for
any person to vote
or hold office.
ARTICLE II.
RIGHT OF SUFFRAGE.
SECTION 1. Every native male citizen of the United States,
every male person
who shall have acquired the rights of citizenship under or by
virtue of the treaty of
Queretaro, and every male naturalized citizen thereof, who shall
have become such
ninety days prior to any election, of the age of twenty-one
years, who shall have
been a resident of the State one year next preceding the
election, and of the county
4
California Constitution of 1879, prior to any amendments
in which he claims his vote ninety days, and in the election
precinct thirty days, shall
be entitled to vote at all elections which are now or may
hereafter be authorized by
law; provided, no native of China, no idiot, insane person, or
person convicted of
any infamous crime, and no person hereafter convicted of the
embezzlement or
misappropriation of public money, shall ever exercise the
privileges of an elector in
this State.
SEC. 2. Electors shall in all cases, except treason, felony, or
breach of the
peace, be privileged from arrest on the days of election, during
their attendance at
such election, going to and returning therefrom.
SEC. 3. No elector shall be obliged to perform militia duty on
the day of election,
except in time of war or public danger.
SEC. 4. For the purpose of voting, no person shall be deemed to
have gained or
lost a residence by reason of his presence or absence while
employed in the service
of the United 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
student at any
seminary of learning; nor while kept at any alms-house or other
asylum, at public
expense; nor while confined in any public prison.
SEC. 5. All elections by the people shall be by ballot.
ARTICLE III.
DISTRIBUTION OF POWERS.
SECTION 1. The powers of the Government of the State of
California shall be
divided into three separate departments—the legislative,
executive, and judicial;
and no person charged with the exercise of powers properly
belonging to one of
these departments shall exercise any functions appertaining to
either of the others,
except as in this Constitution expressly directed or permitted.
ARTICLE IV.
LEGISLATIVE DEPARTMENT.
SECTION 1. The legislative power of this State shall be vested
in a Senate and
Assembly, which shall be designated The Legislature of the
State of California,
and the enacting clause of every law shall be as follows: "The
People of the State
of California, represented in Senate and Assembly, do enact as
follows."
SEC. 2. The sessions of the Legislature shall commence at
twelve o'clock M. on
5

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Mary Klann HIST 110 – Fall 2019 September 20, 2019 .docx

  • 1. Mary Klann HIST 110 – Fall 2019 September 20, 2019 Andrew Carnegie’s Gospel of Wealth The United States saw vast industrial development in the late nineteenth and early twentieth centuries. During this era, known as the “Gilded Age,” manufacturing industries such as steel, machinery, chemicals, and packaged foods grew, transforming the nation from a country of farmers into an industrial society. (Module 5 Lecture Slides) Ordinary Americans experienced drastic changes in their everyday lives. In addition to increasing access to technological innovations like typewriters, telephones, and refrigeration, the workplace became more mechanized and routinized. (Module 5 Lecture Slides) However, although Americans all over the country felt these changes, not everyone profited from them. The Gilded Age was an age of
  • 2. sweeping economic development but also extreme inequality. Leaders of newly consolidated corporations worked to improve efficiency, cut costs, and grow profits. By the 1890s, steel magnate Andrew Carnegie and other businessmen like J.D. Rockefeller and J.P. Morgan had accumulated vast amounts of wealth, fortunes that are “still among the largest the nation has ever seen.” (American Yawp, Ch 16, Part III) Carnegie and other “captains of industry” were part of an elite class of Americans which not only controlled the majority of the nation’s wealth, but shaped American understandings of “high” culture. (Module 5 Lecture Slides) Carnegie justified the societal and economic inequality that his own business practices exacerbated by asserting that millionaires like himself were beneficial for American society: they were “the bees that make the most honey, and contribute most to the hive even after they have gorged themselves full.” (Module 5 Lecture Slides) Commented [MCK1]: Make sure you include your name somewhere in the document. Commented [MCK2]: Use the title of the primary source
  • 3. for the title of your paper. Commented [MCK3]: Citations can be in this simple format. When in doubt, cite your information. Commented [MCK4]: Use direct quotes from secondary sources like the American Yawp textbook sparingly. Only use them when you are sure there is no better way to state this information. Commented [MCK5]: The historical context you highlight should be relevant to your specific source. What background information is necessary to establish before you can get into more detailed analysis of your source? In his essay, “Wealth,” published in the North American Review in 1889, Carnegie argued that inequality itself was a marker of advanced civilization. It was better, he reasoned, to have “great irregularity” between the wealth of laborers and the upper echelons of society than to have “universal squalor.” (Carnegie, Ch 16) Carnegie maintained that despite this “irregularity,” all Americans were better off in 1889 than they had been in the past. With industrialization came radical change to Americans’ lives. According to Carnegie, it was the “man of Wealth” who was responsible for initiating this “revolution” of the “conditions of
  • 4. human life.” (Carnegie, Ch 16) Thus, millionaires were the driving force behind progress itself—not only were they to be thanked for “wonderful material development[s]” but also advancing American society to a new “stage in the development of the race.” (Carnegie, Ch 16) Carnegie’s “gospel of wealth” imbued Gilded Age business practices, economic competition, and vast social inequality with scientific power: the success of millionaires like Carnegie was proof of American advanced development. It was impossible for all Americans to share in the same wealth as the “few” who controlled industrial and commercial business. But with that wealth came the power to move American society forward, to act as “trustee for the poor,” and use their resources “for the general good.” (Carnegie, Ch 16) Carnegie’s emphasis that inequality signified societal progress echoed Social Darwinist thinkers from the age who argued that in order for American society to be truly free, it needed to be unequal. For example, William Graham Sumner, prominent American Social Darwinist, argued that there were only two
  • 5. options: “liberty, inequality, survival of the fittest” or “not-liberty, equality, survival of the unfittest.” (Module 6 Lecture Slides) In his essay, Carnegie reiterated these ideals. The “law of competition” ensured the “survival of the fittest in every department.” (Carnegie, Ch 16) To Carnegie, true progress and Commented [MCK6]: In the analysis portion, this essay focuses on the purpose of the source—what was the author’s main message or argument? Commented [MCK7]: Utilizing quotes from your primary source can help to elevate your analysis. To make sure your voice is strong, keep quotes short. Commented [MCK8]: The author’s place in society is another key aspect of this particular primary source, and plays a large role in the analysis. Commented [MCK9]: In your analysis, be sure to connect the source to the historical context you established in the first paragraph. Commented [MCK10]: The analysis section also explores some other implications/conclusions that can be drawn from the source by connecting it to other examples from lectures. liberty meant that millionaires like himself should have the ability to freely accumulate as much
  • 6. wealth as they were able. This would ultimately advance American society. Commented [MCK11]: This particular essay only focused on three of the questions listed under the analysis guidelines in the prompt: the questions on purpose, author, and other implications. It is up to you to decide which question(s) will yield the most fruitful analysis for your particular source. Primary Source Analysis Paper A 1. to analyze “Constitution of California, Articles I and II, 1879” Put the source into historical context. In a succinct, complete paragraph, establish key details about the setting and time period of your chosen source. In order to construct this paragraph, you may answer the questions below. However, these should be complete paragraphs, NOT bullet points. (Length: 0.5-1 page, double-spaced) 1. Time: What do you know about the time period in which the source was written? What were the major conflicts, events, and/or trends taking place at the time? 2. Place:What region does the source originate from? What do you know about the region? Are there any unique characteristics of the region we’ve covered in lecture or mentioned in your textbook? Note: In order to formulate the first paragraph, you may draw upon lecture slides, American Yawptextbook chapters, and the Memory Palacepodcast episodes. You may also use the JSTOR Dailyarticles from Weeks 2-5. Do NOT use any other internet research.Analyze the source itself. In two complete, succinct paragraphs, analyze your source in detail. In these paragraphs, you are exploring why this particular source is significant and what it specifically reveals
  • 7. about the historical context in which it was written. You may use the questions below to guide your analysis. Pick which question or questions you think will help you highlight the most interesting aspects of your source, and build your analysis from there. These should be complete paragraphs, NOT bullet points. (Length: 1-1.5 pages, double spaced) 1. Purpose: What was the author’s message or argument? Is the message explicit, or are there implicit messages as well? 2. Methods: How does the author try to get his/her message across? What methods does he or she use to communicate that message/argument? 3. Author: Who is the source’s author? What do you know about his/her place in society? Does the author’s race, sex, class, occupation, religion, age, region, or political beliefs impact the source’s purpose or methods? How and why? 4. Audience:Who constituted the intended audience for this source? Was this source meant for the public? 5. Other Implications/Conclusions:What else can the source tell you? What are the important metaphors or symbols? What do we learn from the author’s choice of words? What does the author choose not to talk about, and why might that be important? Formatting Details: 1. 1. Total length: 1.5-2 pages, double-spaced. 2. Indicate your chosen primary source at the top of the first page. 3. Cite your sources. Examples of parenthetical citation format: · Lectures – (Lecture #, Date) · American Yawp textbook chapters – (American Yawp Ch #, Part #) · American Yawp primary sources – (Author’s name, Ch #) · Memory Palace podcasts – (DiMeo, Episode #) · Other primary sources – (Author’s name, page #)
  • 8. California Constitution of 1879, prior to any amendments T h e o r i g i n a l o f t h i s d o c u m e n t i s i n : C a l i f o r n i a S t a t e A r c h i v e s 1 0 2 0 “ O ” S t r e e t S a c r a m e n t o C A 9 5 8 1 4 C O N S T I T U T I O N OF THE S T A T E O F C A L I F O R N I A . ADOPTED IN CONVENTION, AT SACRAMENTO, MARCH THIRD, EIGHTEEN HUNDRED AND SEVENTY—NINE; RATIFIED BY A VOTE OF THE PEOPLE ON WEDNESDAY; MAY SEVENTH, EIGHTEEN HUNDRED AND SEVENTY— NINE. PREAMBLE AND DECLARATION OF RIGHTS. PREAMBLE. WE, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution. ARTICLE I. DECLARATION OF RIGHTS.
  • 9. SECTION 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety and happiness. SEC. 2. All political power is inherent in the people. Government is instituted for the protection, 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 State of California is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land. California Constitution of 1879, prior to any amendments SEC. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be guaranteed in this State; and no person shall be rendered incompetent to be a witness or juror 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.
  • 10. 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. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel or unusual punishments be inflicted. Witnesses shall not be unreasonably detained, nor confined in any room where criminals are actually imprisoned. SEC. 7. The right of trial by jury shall be secured to all, and remain inviolate; but in civil actions three fourths of the jury may render a verdict. A trial by jury may be waived in all criminal cases, not amounting to felony, by the consent of both parties, expressed in open Court, and in civil actions by the consent of the parties, signified in such manner as may be prescribed by law. In civil actions, and cases of misdemeanor, the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open Court. SEC. 8. Offenses heretofore required to be prosecuted by indictment shall be prosecuted by information, after examination and commitment by a Magistrate, or by indictment, with or without such examination and commitment, as may be prescribed by law. A grand jury shall be drawn and summoned
  • 11. at least once a year in each county. 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 for libels, the truth may be given in evidence to 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 to determine the law and the fact. Indictments found, or information laid, for publications in newspapers shall be tried in the county where 2 California Constitution of 1879, prior to any amendments such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause. SEC. 10. The people shall have the right to freely assemble together to consult for the common good, to instruct their Representatives, and to
  • 12. 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 no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law. SEC, 13. In criminal prosecutions, in any Court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the Court to compel the attendance of witnesses in his behalf, and to appear and defend, in person and with counsel. No person shall be twice put in jeopardy for the same offense; nor 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. The Legislature shall have power to provide for the taking, in the presence of the party accused and his counsel, of depositions of witnesses in criminal cases, other than cases of homicide, when there is reason to believe that the witness, from inability or other
  • 13. cause, will not attend at the trial. SEC. 14. Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into Court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into Court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a Court of record, as shall be prescribed by law. SEC. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud, nor in civil actions for torts, except in cases of willful injury to person or property; and no person shall be imprisoned for a militia fine in time of peace. SEC. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed. 3
  • 14. California Constitution of 1879, prior to any amendments SEC. 17. Foreigners of the white race or of African descent, eligible to become citizens of the United States under the naturalization laws thereof, while bona fide residents of this State, shall have the same rights in respect to the acquisition, possession, enjoyment, transmission, and inheritance of property as native-born citizens. SEC. 18. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State. SEC. 19. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized. SEC. 20. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No
  • 15. person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open Court. SEC. 21. No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens. SEC. 22. The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise. SEC. 23. This enumeration of rights shall not be construed to impair or deny others retained by the people. SEC. 24. No property qualification shall ever be required for any person to vote or hold office. ARTICLE II. RIGHT OF SUFFRAGE. SECTION 1. Every native male citizen of the United States, every male person
  • 16. who shall have acquired the rights of citizenship under or by virtue of the treaty of Queretaro, and every male naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been a resident of the State one year next preceding the election, and of the county 4 California Constitution of 1879, prior to any amendments in which he claims his vote ninety days, and in the election precinct thirty days, shall be entitled to vote at all elections which are now or may hereafter be authorized by law; provided, no native of China, no idiot, insane person, or person convicted of any infamous crime, and no person hereafter convicted of the embezzlement or misappropriation of public money, shall ever exercise the privileges of an elector in this State. SEC. 2. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom.
  • 17. SEC. 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger. SEC. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United 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 student at any seminary of learning; nor while kept at any alms-house or other asylum, at public expense; nor while confined in any public prison. SEC. 5. All elections by the people shall be by ballot. ARTICLE III. DISTRIBUTION OF POWERS. SECTION 1. The powers of the Government of the State of California shall be divided into three separate departments—the legislative, executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others,
  • 18. except as in this Constitution expressly directed or permitted. ARTICLE IV. LEGISLATIVE DEPARTMENT. SECTION 1. The legislative power of this State shall be vested in a Senate and Assembly, which shall be designated The Legislature of the State of California, and the enacting clause of every law shall be as follows: "The People of the State of California, represented in Senate and Assembly, do enact as follows." SEC. 2. The sessions of the Legislature shall commence at twelve o'clock M. on 5