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DETAILED OBJECTIONS TO CONSTITUTION.

ELABORATE STATEMENTS OF CONSTITUTIONAL DEFECTS.

INTRODUCTION

AND

EXCUSE FOR THIS ADDRESS.

THE canvass is now half over, and no speaker, so far as I have noticed, has said a word on the subject of a Constitutional Convention, certainly the most important question to be decided at this State election. And some of the newspapers have already actually spoken in opposition to it.

The statute submitting the question to the decision of the people has so provided that every elector who votes for any member of the Legislature, and, therefore, in effect every elector who votes at all at this election, will be counted as having voted against a Constitutional Convention, whether he desires his vote to be so counted or not, unless he carefully sees to it (for the measure has many secret enemies), that his own ticket (and every ticket ought in justice to be so printed, and the people ought to see to it that it be so printed), contains the express words FOR THE CONVENTION. In consequence of this unfairness of the law submitting the question, and compelling every vote to be counted against the measure, except those only which contain the words "for the Convention," and owing to the general indifference or foolish cowardice, and inexcusable distrust of the people already too prevalent in opposition to it, there is much cause for the friends of the measure to take alarm, lest it be again defeated in this State through shere distrust of the people, or shere inadvertency. I have, therefore, determined to call special public attention to the subject in this apparently presumptuous manner. But, in order that I may remove any fair suspicion of immodesty or inexcusable presumption in thus appealing to the electors in behalf of the measure, I will briefly refer to my previous connection with the subject, as my excuse (if any excuse be needed), for thus addressing the electors of the State.

Nearly twenty years ago February, 1856-I urged upon the Legislature and the State "the necessity of immediate Constitutional reform." I was then so thoroughly in earnest, and so completely in the right, that with my inexperience, with my poor abilities and with my "maiden speech," I so convinced the Legislature and the country, even at that early day, of the necessity of immediately calling a Constitutional Convention, that at the next succeeding session my Bill in behalf of a Convention was carried through both Houses by the requisite two thirds vote of all the members elected to each House. At the State election of 1857, the electors (in my opinion) fairly and constitutionally adopted the measure, and ordered the Legislature to provide for the Convention, and by a majority of nearly two to one; and in an actual voting on that question of nearly fifty thousand electors, more than half of all the electors then voting in this State. But the Legislature of 1858 refused to provide for it, on the ground that those who voted at all at that election on any question, that is, for members of the Legislature, must be counted as having voted against the Convention, unless they expressly voted in favor of it, with the express words "for the Convention" on all their ballots.

In 1849-over a quarter of a century ago—our present Constitution was prepared by strangers to this country, hastily assembled in a constitutional convention at Monterey, and was hastily adopted by a vote of 12,061, all told! Even the few votes adopting it, were mostly cast by strangers, just arrived and just arriving into this country. The Constitution had been hastily prepared and hastily voted for by almost everybody and anybody, because the Government of the United Ssates had (wickedly) neglected to provide for any Territorial Government over this country, and some civil government was deemed to be immediately indispensable.

At the State election of 1857 nearly three times as many legally resident citizens of the State, voted in behalf of revising the Constitution as had previously been sufficient to adopt it, and, nevertheless, their votes were ignored by the Legislature of 1858. And the opinion of the people and the necessities of the country are likely to be again treated with equal indifference unless the people speak this time in a voice so loud and so unmistakable that the next Legislature will not dare to neglect nor disobey it.

The action of the Legislature of 1858 dejected but did not at all discourage the earnest friends of this measure. Yet the press and all the party leaders of the State seemed so indifferent to the subject, that I determined to wait in patience until all the people of the State might come to see the indispensable necessity of a Convention, as

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