cast but one vote against it. Mt. Idaho, the largest precinct in Idaho county, cast but two votes against it. Lewiston, the largest precinct in Nez Perce county, cast but four votes against it. The northern precincts of this county did nearly as well." Soon after the election it seems to have become generally known that the Constitution had been adopted and that the separate articles had been rejected. The Seattle Intelligencer and the Port Townsend Democratic Press published the vote on the Constitution only for neighboring counties. Each published editorials on the adoption of the Constitution and a favorable comment by the San Francisco Bulletin. Each gave the official vote by counties for Delegate to Congress. The following record of the official vote on the Constitution is obtained from the Portland Oregonian of December 2, 1878: On November 16, 1878, the Seattle Intelligencer closed an editorial on "Our Constitution" as follows: "Whether we are admitted this year, next year, or at some future time, we believe this Constitution will keep, and that the people of the Territory will not incur the expense of forming another." One of the most prominent members of the Walla Walla convention was Col. C. H. Larrabee who spent the winter of 1878-1879 in Washington City. He wrote a letter to the Seattle Intelligencer which was copied in the Port Townsend Democratic Press of January 9, 1879, saying that Washington Territory could not hope for statehood until 1881 or 1882. It was hard to explain, he said, the unprecedented majority for the Republican candidate for Delegate to Congress. On October 6, 1879, Governor Elisha P. Ferry closed his message to the Territorial Legislature by referring to the proposed railroads, to agriculture, manufacturing, commerce, climate. "And," said he, "if to those natural advantages we present a system of just laws, wisely and impartially administered, finance honestly and economically conducted, a common school and university system, adequate for the education of the rising generation, we will retain those who are now here or may hereafter come, and will soon be fully prepared to enter upon the honors, duties and responsibilities of statehood." JOHN T. CONDON. CONSTITUTION PREAMBLE WE THE PEOPLE, grateful to the Supreme Ruler of the Universe for our freedom, in order to secure and perpetuate its blessings, form a more independent and perfect government, establish justice, insure tranquility, provide for the common defense and promote the general welfare, do ordain and establish this Constitution for the State of Washington. ARTICLE I BOUNDARIES THE BOUNDARIES of the State of Washington shall be as follows: Commencing one marine league west from the mouth of the middle of the north ship-channel of the Columbia River; thence along the northern boundary of the State of Oregon, up said river, to where the forty-sixth parallel of north latitude intersects the same near the mouth of the Walla Walla River; thence, east along said parallel to where it intersects the middle of the main channel of Snake River, thence, southerly, along said channel of Snake River, to where it intersects the forty-fifth parallel of north latitude; thence, east along said parallel, to where it intersects the meridian thirty-seven degrees and thirty minutes west; thence, north along said meridian, to where it intersects the crest of the Bitter Root range of mountains; thence, northwesterly, along the crest of said mountains, to where it intersects the thirty-ninth meridian west; thence, north, along said meridian to the boundary line of the British Possessions; thence, westerly along the line of the British Possessions to a point one marine league west from the mouth of the middle channel of the Straits of Juan de Fuca; thence southerly, a distance of one marine league west from the east shore of the Pacific Ocean, to the place of beginning-including all "West of Washington" being 114° and 30′ west of Greenwich. islands and parts of islands within said boundaries, within the jurisdiction of the United States. ARTICLE II SECTION 1. The State shall have concurrent jurisdiction on all rivers bordering on the State, so far as such rivers shall form a common boundary to the State and any other State or Territory, now or hereafter to be formed and bounded by the same. SEC. 2. The title to all lands or other property, which has accrued to the Territory of Washington, by gift, grant, purchase, forfeiture or othewise, shall vest in the State. SEC. 3. The People of the State, in their Rights of Sovereignty, are declared to possess the 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 State.3 ARTICLE III DISTRIBUTION OF POWERS SECTION 1. The Government of the state shall be divided into three separate and distinct departments, to wit: the Legislative, the Executive and the Judicial. SEC. 2. No person, or collection of persons, holding any position in, or exercising any authority under, one of these departments, shall hold any office in, or exercise any authority whatever, under either of the others, except such as may be expressly provided for in this Con stitution. ARTICLE IV SUFFRAGE AND ELECTIONS SECTION 1. Every male person, over the age of twenty-one years, belonging to either of the following classes, who shall have resided in the State for six months next preceding any election, shall be deemed a qualified elector at such election. 1st-Citizens of the United States. 2nd-Persons of foreign birth, who shall have declared their intentions to become citizens, conformably to the laws of the United States on the subject of naturalization, six months before offering to vote." 3rd-Persons of mixed white and Indian blood, who have adopted the customs and habits of civilization. This statement not found in our present Constitution but the principle of law involved is in force in this State at this time. The idea of a complete and distinct separation of governmental powers seems to be expressed in Art. III much more strongly than found a place in the present Constitution. Under this provision persons were entitled to vote and to hold many State offices, who were not citizens of the United States. The Legislature may prescribe additional qualifications for electors of municipal and school-district elections. SEC. 2. For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence, or to have lost it by reason of his absence, while in the civil or military service of the State, or of the United States; nor while a student at any institution of learning, nor while kept at public expense in any poorhouse or other asylum, nor while confined in prison. SEC. 3. Voters shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom. SEC. 4. No person, except a qualified elector, shall be elected or appointed to any civil office in the State. SEC. 5. The general election shall be held biennially on the Tuesday next succeeding the first Monday of November. SEC. 6. All elections by the people shall be by ballot, and a plurality of votes shall elect, in all cases except where the person who shall receive them shall be ineligible; in which case the person receiving the next highest number of votes, and who is eligible, shall be declared elected. Elections, by persons in their representative capacity, shall be viva voce, and a majority shall be necessary to an election. SEC. 7. No idiot or insane person shall be entitled to the privileges of an elector. SEC. 8. Laws shall be passed, excluding from the right of suffrage, all persons who have been or may be convicted of bribery, perjury, or of any infamous crime; and depriving every person who shall make, or become, directly or indirectly, interested in any bet or wager depending upon the result of any election, of the right to vote at such election. SEC. 9. The Legislature shall pass laws to preserve the purity of elections, and to guard against the abuse of the elective franchise, and shall, for that purpose, have the power to pass laws of registration. ARTICLE V DECLARATION OF RIGHT SECTION 1. All political power is inherent in the People, and all free governments are founded on their authority. SEC. 2. The people of this State have the sole right to alter or abolish this Constitution and form of government, whenever they deem A similar declaration of rights is found in Art. I of our present Constitution. it necessary to their safety and happiness; provided, such change be not repugnant to the Constitution of the United States. SEC. 3. All persons are by nature free, and equally entitled to certain natural rights; among which are, those of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining happiness. To secure these rights, governments are instituted, deriving their just powers from the consent of the governed. SEC. 4. All persons have a natural and indefensible right to worship God according to the dictates of their own consciences. No person shall be compelled to attend, erect or support any place of worship, against his consent; and no preference shall be given by law to any religious society; nor shall any interference with the rights of conscience be permitted. No religious test shall be required as a qualification for office; nor shall any person incompetent to be a witness on account of his opinions on matters of religion; but nothing herein shall be construed to dispense with oaths or affirmations; but the liberty of conscience hereby secured shall not be construed so as to excuse acts of licentiousness, or practices inconsistent with the peace or safety of the State. SEC. 5. No person shall be deprived of life, liberty or property without due process of law, or be denied the equal protection of the law. SEC. 6. No person, on account of sex, shall be disqualified to enter upon and pursue any of the lawful business avocations or professions of life. SEC. 7. Every person may freely speak, write and publish his opinions on all subjects, being responsible for the abuse of that liberty; and no law shall be passed to restrain or abridge the liberty of speech or the press. In all prosecutions for libel, the truth may be given in evidence to the jury, and if it appears that the matter charged as libelous be true, and was published with good motives and for justifiable ends, the party accused shall be acquitted; and the jury shall have the right to determine the law and the fact. SEC. 8. No person shall be held to answer for a criminal offense without due process of law; and no person, for the same offense shall be put twice in jeopardy of punishment, nor again be put upon trial for the same offense after having been once acquitted by a jury, nor shall be compelled, in any criminal cause, to be a witness against himself. All persons shall, before conviction, be bailable by sufficient sureties, except for murder in the first degree and treason, where the proof is evident or the presumption great; and the privilege of the |