Slike strani

goes Elkins.

trustworthy. Despite the office-holders, the conservatives, Logan and Sherman, it is seen Blaine is ahead of any rival. With his delegates come not only the old-time enthusiasm, determination, and intensity of popular feeling at home, but politicians, shrewd, tireless, and experienced, which are new and welcome features in Blaine's convention management. They pull their coats. The field is worked row by row and hill by hill. It is apparent from the first that Blaine will win, barring accident. Only the blind, stupid, or indifferent could fail to see it. With such strength from the people and such an array of political sagacity to handle it, defeat would have been disgraceful.

“The Administration stands with its feet upon the South, reaching imploringly toward the North. Into the South, quick and sure,

Rather into the South had he gone two months ago by a well-kept secret conspiracy with Powell Clayton and Kerrens and Roots and others of Arkansas. This State comes to Chicago solid for Arthur. At the proper moment its nearly complete desertion to Blaine is announced. Arthur's foundation crumbles under his feet, and there is consternation among his followers. Man by man, by a hundred influences, some of them doubtless questionable, the Blaine operators break the lines of the Administration's solid South. It is the beginning of the practical triumph already seen to be logical.

“But a slight reverse comes. Powell Clayton, who arranged the Arkansas defection, is selected by the national committee for temporary chairman. He is a man of objectionable record. It is given out the chairmanship is his reward by the Blaine people for his treachery to Arthur. He is set up as Blaine's man. The opposition, quickly welded by opportunity, plans a sudden blow. It is delivered, and Blaine's man falls. It is hailed as an anti-Blaine triumph.

“Too late was it discovered that the selection of Clayton was an Arthur trap into which Blaine fell. The national committee was not a Blaine committee, and Clayton was first named by an Arthur man, Arthur members voting for him. The child was of course immediately said to belong to the Blaine managers, and they could not deny it without mortally offending Clayton. They fattened it and stood by it.

“Encouraged by its first tactical victory, the opposition makes renewed efforts. It has of necessity become a fight of the field against the favourite. It quickly degenerates into anything to VOL. II

2 T

beat Blaine.' It is eager, bitter, and peculiar. Dudes and roughs, civil service reformers and office-holding bosses, short-hairs and college presidents—many men of various kinds of ambition or selfishness join in midnight conferences, cartoon circulation, or desperate parliamentary tactics. The first noticeable effect of the alliance to drag down the leader is a solidification of all his forces. The wavering become firm, the indifferent determined. Like an old guard they rally round their leader.

“The opposition flounders and struggles to make something of itself.

It agrees to keep the prize from Blaine if possible, but it cannot agree


any other man shall have it. Harmony in spoilshunting becomes discord in spoils-dividing. Logan refuses all combination. The Lincoln boom collapses. The General Sherman scheme fails. To throw Arthur to Edmunds is impossible. To transfer Edmunds to Arthur is merely to send Logan and Sherman to Blaine. Logan will not have Edmunds; the Edmunds men do not want Logan. Arthur also prefers Blaine to Sherman. Gresham is looked upon as Arthur's man.

Seeking but not finding the man with whom to beat Blaine, the opposition fights for time. It desperately contends for postponement of the inevitable. The end comes, as had been expected, and precisely as foreshadowed in these columns. Blaine's naked starting strength is about 360, but by prudent and skilful handling of individual delegates his managers poll only 334 on the first ballot. Their reserve strength does the business. The gain of fifteen votes from first ballot to second is the signal for the break. But so tenacious are the allies that a recess is demanded. Hardly fair play, even in the dubious game of politics. Intense feeling springs up. We have the singular spectacle of a mob of gentlemen. There is great danger that the convention will end in a row, and the nomination, if made, become a doubtful honour. One clear-headed man sees this danger, by timely word and commanding presence averts it, and on roll-call a recess is refused. The next ballot makes Blaine-Ohio starting the break, Illinois finishing it. Logan consents to take second place, and so Foraker's name is not presented by Ohio. The convention shouts for the ticket and adjourns, wondering how many New Yorkers will join in bolting it."

They did well to wonder, for it was the bolters of New York that turned the scale against the Republican candidate in the election.



Adopted in Convention at Sacramento, March 3, A.D. 1879; submitted to

and ratified by the People, May 7, 1879.



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.



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.

SEC. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall for ever 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 the safety of the State.

SEC. 5. The privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require the suspension.

1 I take this from an official edition published in 1887, and containing a few amendments made since 1879.

For a reference to some of the more remarkable provisions, see note at end.

the press.

Sec. 6. All persons shall be bailable by sufficient sureties unless for capital offences when the proof is evident or the presumption great Excessive bail shall not be required, nor excessive fines imposed ; nor shall cruel or unusual punishment 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 misdemeanour, the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open Court.

Sec. 8. Offences 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 senti. ments 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

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 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 determine the law and the fact. Indictments found, or informations laid, for publication in newspapers, shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libelled 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 offence ; nor be compelled, in any criminal case, to be a witness against himself ; or be deprived of life, liberty, or property without due process of law. The Legislature shal. 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 causes, 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, or mesne or final process, unless in case of fraud, nor in civil actions for torts, except in cases of wilful 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 obligations of contracts, shall ever be passed.

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 secured 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.



SECTION 1. Every native male citizen of the United States, every male person who shall have acquired the rights of citizenship under or

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