that could be
expected or desired, and with a zeal that equaled in every way the
partisan efforts of the Whigs they labored for its ratification at the
polls.

An examination of the arguments as set forth in the Territorial press
reveals two classes of citizens who opposed ratification. First, there
were those who were hostile to the Constitution because they did not
want State government. Secondly, there were others who could not
subscribe to the provisions and principles of the instrument itself.

The out-and-out opponents of State government continued to reiterate
the old argument of "Economy." They would vote against the
Constitution in order to prevent an increase in the burdens of
taxation. This argument of itself could not possibly have defeated
ratification, since there was at this time an overwhelming majority
who desired admission into the Union. And yet the plea of economy
(which always appealed strongly to the pioneers) undoubtedly
contributed somewhat to the defeat and rejection of the Constitution
of 1844.

Prior to the first of March, 1845, opposition to ratification was
expressed chiefly in objections to the proposed Constitution. As
a whole that instrument was characterized as "deficient in style,
manner, and matter, and far behind the spirit of this enlightened
age." It could not even be called a code of fundamental law, since it
contained legislative as well as Constitutional provisions. It
confounded statute law with Constitutional law.

In its detailed provisions and clauses the Constitution of 1844 was
still less satisfactory to the opponents of ratification. They seemed
to see everywhere running through the whole instrument erroneous
principles, inexpedient provisions, and confused, inconsistent, and
bungling language. They declared that the legislative, executive, and
judicial departments of the government were not sufficiently separate
and distinct. The principle of the separation of powers was
clearly violated (1) by giving to the Executive the power of veto, and
(2) by allowing the Lieutenant Governor to participate in the debates
of the Senate. Nor were the popular powers--namely, the powers of
sovereignty--always differentiated from the delegated powers--or, the
powers of government.

The Constitution was roundly abused because it provided for the
election of the Judges of the inferior courts by the people. To the
minds of the critics the office of Judge was too sacred to be dragged