tution by special legislation, at the same time special acts, which might be of great beneficence, cannot be passed. The trouble was not so much the old constitution, as the legislators and officers, whom the people saw fit to elect and intrust with authority of which they were not worthy.'

In addition to the fact of the comparatively small majority of votes for the new constitution, so different from the substantial unanimity of the vote on the old constitution, it is also to be remarked that in the convention, the majority of the delegates voting for it was not composed altogether of the most intelligent or best members. Almost every broad-minded, able and experienced delegate either voted directly against it or did not vote at all; and, with very few exceptions, none entitled to that designation voted for it. As a rule, the better class men felt like Henry Edgerton, who declared that he was in favor of retaining as far as possible the old constitution; that he was "very much enamored of it; positively opposed to laying irreverent hands on it," or like Alexander Campbell, who, in a discussion in reference to military affairs, declared that he was "opposed to tinkering the old constitution in every section and desired to have it left just where it was."

'Overland Monthly, January, 1883, 34-41.

'Debates and Proceedings of Convention, 154.

3 Debates and Proceedings of Convention, 731.

CHAPTER XII.

PERKINS.

TH

HE next general election after the adoption of the new constitution, at which a complete new set of state officers was to be chosen, was to take place on Wednesday, September 3, 1879. In view of its importance, the different parties at once commenced preparing for the conflict. The Republicans had already in March called a state convention to meet at Sacramento on June 17. On May 22 the Republican state central committee issued an address to the effect-in addition to the usual clauses on national political affairs-that the Republican party, being preeminently the representative of loyalty, respect for law and faithful adherence to compact, accepted the new constitution as an absolute finality and pledged itself to a faithful and effective administration of its provisions in all honesty and sincerity. At the time appointed, the convention met at Sacramento and adopted a platform, recognizing the new constitution and, among other things, demanding the discouragement of monopolies by corporations or individuals, the restriction of Chinese immigration, the promotion of education, the encouragement of all the industries of the state, the protection of vested rights and the reduction of freights and fares, upon all railroad lines in the state that had received state or national aid, of at least twenty-five per cent. It then proceeded to nominate a complete state ticket, with George C. Perkins for governor, John Mansfield for lieutenantgovernor, and Augustus L. Rhodes for chief justice of the supreme court. District conventions soon afterwards nominated candidates for railroad commissioners, for members of the state board of equalization, for senators and assemblymen; and about the same time candidates for representatives in congress were named.

41 VOL IV.

Sacramento was also the place of the Democratic state convention, which was held on July 1. That body adopted resolutions that the Democratic party was the only one that had always observed, obeyed and maintained the federal constitution, and was therefore the only one which the people could safely trust to administer the new organic law of the state. It declared itself in favor of the indissoluble union of indestructible states, under the paramount authority of the federal constitution in all powers not reserved by the states; against the interference by federal officials, under "odious laws of Republican origin and adoption," in elections in the states or any of them; denouncing the "repeated abuses of the vetoes of Rutherford B. Hayes, sitting as the executive officer of the government, in defeating the will of the people as expressed by congress;" in favor of reform, retrenchment and the utmost economy compatible with good government; against the "evil and curse of coolie importation," antagonism to which it declared itself to have been the first to proclaim; in favor of compelling the Pacific railroads to pay interest on their bonds and reducing railroad freights and fares, and in favor of affording the fullest protection of the state government to mining as the original and still important industry of California-though the last resolution was subsequently changed so as to include agriculture with mining as "the foreshadowing interests of California." It nominated Hugh J. Glenn for governor, Levi Chase for lieutenant-governor, Robert F. Morrison for chief justice, and also candidates for all state and other offices to be filled.

On June 3, the Workingmen held their state convention at San Francisco; and Kearney presided. They adopted, as a platform and declaration of principles, a very long list of propositions, consisting of many enunciated in the new constitution which was to be enforced in letter and spirit, and many outside of it. One clause, utterly repudiating "all spirit of communism or agrarianism," was objected to by Kearney; but, finding himself about to be overruled by the convention, he withdrew his motion to strike it out and thenceforth held his peace. Another clause, or series of clauses, declared that vested rights in property must be respected but that land monopoly must be prohibited; that

appropriations of water for supplying any municipality, not carried into actual operation by the construction of water works and furnishing of water, should be declared void; and that corporations must discharge their Chinese employees, or go out of business. Other clauses were to the effect that no foreigner ineligible to citizenship should be licensed to peddle goods or commodities of any character in the state, and that laws must be passed to purge the community of the presence of the Chinese and prevent them acquiring any further foothold. Interest on money should not exceed six per cent per annum, and contracts by debtors for payment of fees of attorneys of creditors should be prohibited. A curious clause was one by which the Workingmen's party announced that "to further secure the efficiency of the new organic law, we will attack its opponents with the most effective weapons; but among ourselves, in differences of opinion, we will allow liberal discussion, give considerate attention and exercise the largest charity." It then nominated William F. White for governor, W. R. Andrus for lieutenantgovernor, Robert F. Morrison for chief justice and a full state ticket.

In the meanwhile a new party had started, consisting of persons, who could not well affiliate with other parties, and disappointed politicians, who anticipated a popular tidal wave upon which they might ride into prominence by taking it at flood. It called itself the New-constitution party. It held its first meeting at Stockton on May 10, a week after the new-constitution election. On May 17, or two weeks after the election, it held a sort of mass-meeting at San Francisco, which adopted a preamble and resolutions to the effect that, whereas the victory had been achieved by the united efforts of men of integrity and patriotism in the three existing parties in the state; and whereas, if the duty of construing and putting in force the new constitution were handed over to persons and corporations opposed to its adoption, instead of relieving the state and its citizens of the burdens which overwhelmed them in the shape of monopoly, power, greed, fraud, dishonest government and unjust and unequal taxation, it would be turned into an engine of oppression, and the efforts of its friends rendered futile and of no avail;

therefore, resolved: that, for the good of the state, all past political differences should be sunk until California was firmly and securely planted upon the foundation of the new constitution; and that the paramount duty of the hour was to devote all energies to the work of electing such state officers as would enforce the new organic law in the spirit of fairness intended by its framers, and promote peace and prosperity where theretofore only injustice and discontent had prevailed. It had been expected that the new movement, thus early in the field, would capture the Workingmen; but they declined to be caught and resolved not to affiliate with it. Subsequently, on June 25, the new party held a state convention at Sacramento; adopted resolutions reiterating and enlarging its previous declaration of principles, and nominated a state ticket with Hugh J. Glenn for governor, David C. Reed for lieutenant-governor and Nathaniel Bennett for chief justice. Subsequently, in July, an effort was made by the Democratic and New-constitution parties to consolidate their state tickets; but it did not succeed. The Democrats, who had adopted Hugh J. Glenn, the New constitution candidate for governor, refused to change. At this, the New-constitution party took into consideration the advisability of removing Glenn from their ticket, but decided to allow him to remain. Next the Democrats considered the same proposition and called Glenn before them, when he avowed that he had first been nominated by the New-constitution party and in justice was obliged to support their platform and ticket; notwithstanding which, to the disgust of some and the surprise of many, his name was allowed to remain on the Democratic ticket. It was an unusual spectacle-a standard-bearer of the Democratic party, who openly declared that he would not vote the Democratic ticket.1

The campaign was vigorous and warm. It resulted in a Republican victory. Perkins was elected governor by sixty-seven thousand nine hundred and sixty-six votes over forty-seven thousand six hundred and sixty-five for Glenn, and forty-four thousand four hundred and eighty-two for White-a plurality of over twenty thousand. All the other Republicans on the general state 'Davis' Political Conventions, 393-419.