by the manner in which it was presented or by its intrinsic worth."

This arrayed against the new Constitution the political party which was then in the ascendency in the state. The Democrats carried the state that year by 20,000 majority. The Constitution was defeated by 66,000. The Republican platform contained no reference to the new Constitution, and the members of that party were therefore free to use their own judgment without any suggestion from their representatives in a state convention. But it is not to be assumed that the vote on the Constitution was wholly on party lines; and it should also be remembered in this connection that the total vote on the Constitution was 128,000 less than the total vote on the state ticket. But, whatever other causes may have contributed to defeat the Constitution, the general opposition of a great political party was sufficient to produce the result, even if the instrument had contained no provisions which men of all parties might reasonably have considered of doubtful utility.

CONSTITUTION PROPOSED BY THE CONVENTION OF 1867.

[It was submitted to the people at the general election in November, 1869, but was all rejected, except the Judiciary Article.]

ARTICLE I.

§ 1. Rights of citizens.- No member of this state shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.

§ 2. Jury trial preserved; when may be waived.— The trial by jury in all cases in which it has heretofore been used shall remain inviolate forever; except that in suits in justices' courts provision may be made by law for trial by a jury of less than twelve men; but a jury trial may be waived by the parties in all civil cases.

§ 3. Religious liberty.-The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state; and no person shall be incompetent to be a witness on account of his 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 the state.

§ 4. When writ of habeas corpus not to be suspended. 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.

§ 5. Excessive bail, fines, and punishment prohibited; rights of witnesses.-Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual pur.ishment be inflicted, nor shall witnesses be unreasonably detained.

§ 6. Rights of accused in criminal cases; taking private property for public use.-No person shall be held to answer for a capital or otherwise infamous crime unless on indictment by a grand jury, except in cases of impeachment, and in cases arising in the militia when in actual service, and in the land and naval forces in time of war, or in the forces which the state may keep with the consent of Congress in time of peace, and in cases of petit larceny under the regulations of the legislature. In any trial in any court the party accused shall be confronted with the witnesses against him, and be allowed to appear and defend in person and with counsel, as in civil actions. No person shall be twice put in jeopardy for the same offense; 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.

§ 7. Procedure on taking private property; private roads; drainage.-When private property shall be taken for public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case, the necessity of the road, and the amount of damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, with the expenses of the proceedings, shall be paid by the person to be benefited. The fee of land taken for railroad tracks, without tonsent of the owners thereof, shall remain in such owners, subject to the sole possession of the railroad company while used for such purposes. General laws may be passed permitting the owners or

occupants of lands to construct and maintain necessary drains and ditches for agricultural purposes, across the lands of others, under proper restrictions, and with just compensation; but no special laws shall be enacted for such purposes.

§ 8. Freedom of speech and press; evidence in libel cases. 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 libel, the truth may be given in evidence to the jury; and if it shall appear that the matter charged as libelous is true and was published with good motives and for justifiable ends, the accused shall be acquitted; and the jury shall have the right to determine the law and the fact.

§ 9. Unreasonable seizures and searches prohibited. -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 without probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.

§ 10. Right of petition preserved.-No law shall be passed abridging the right of the people peaceably to assemble and petition the government or any department thereof.

§ 11. Sovereignty in real property; escheats.-The people of this state, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the state; and all lands, the title to which shall fail from a defect of heirs, shall revert or escheat to the people.

12. Feudal tenures abolished.-All feudal tenures of every description, with all their incidents, are declared

to be abolished; saving, however, all rents and services certain which at any time heretofore have been lawfully created or reserved.

§ 13. Absolute ownership of estates.-All lands within the state are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners according to the nature of their respective estates.

§ 14. Agricultural leases limited.-No lease or grant of agricultural land hereafter made for a longer period than twenty years, in which is reserved any rent or service, shall be valid.

§ 15. Restraints on alienation prohibited.-All fines, quarter sales, or other like restraints upon alienation, reserved in any grant of land hereafter to be made, shall be void.

16. Common law continued. Such parts of the common law, and of the acts of the legislature of the colony of New York, as together did form the laws of the said colony on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the congress of the said colony, and of the convention of the state of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired or been repealed or altered, and such acts of the legislature as are now in force, shall be and continue the law, subject to repeal or to such alterations as the legislature shall make. But all such parts of the common law, and such of the said acts or parts thereof as are repugnant to this Constitution, are hereby abrogated.

§ 17. Royal grants and charters preserved.-Grants of land within the state, made by the King of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred