Middletown transcript., 1897-07-10
fore election, and voters Of the opposite

party were paid extra rates for two
days. work. A physician who was also
politician, made out the bills which
he considered bad or unpromising, and
offered to receipt them for votes.
Many patients were glad to pay in that
way.
Delaware has had three constitu-
tions only, in more than century.
The first formed in 1776, in the Revo-
lutionary crisis, at the direction of the
Continental Congress, lasted until 1871;
the one then formed was revised in
1881, and then the process of revision
or amendment was made so difficult
that John M. Clayton, who was the
leading spirit in the convention, is said
to have declared that they had "locked
the door and thrown away the key"
An abortiye effort at revision was
made twenty years later; but not un-
| til the general election of 1896 had the
prescribed methods been SO complied
with that delegates to a new Conven-
tion could be chosen. These gentle
men, happily for the State, represented
both parties, and were animated by
sincere desire to amend really the pre-
vailing conditions. Partisan feeling
was but moderately exhibited, and the
Constitution formed is conspicuously
fair in nearly all its parts. What con-
Germs US most in this connection is the
provision which it is intended shall
stamp out election bribery. This is
drastic, certainly; but bad diseases de-
mand heroic remedies.
The 7th Section of Article ".
Elections" prescribes at length, with
repetition of verbiage which we can
not here give place to in full, that =
"Every person who, either in or out
of the State, shall receive or accept, or
offer to receive or accept, or shall pay,
transfer or deliver, or offer or promise
to pay, transfer or deliver, or shall con-
tribute, or offer or promise to contrib
ute, to another to.be paid or used, any
money or other valuable thing as a
compensation, inducement or reward
for the giving or Withholding, or in
any manner influencing the giving or
Withholding. vote at any general,
special or municipal election in this
State, or at any primary election, con-
vention or meeting held for the pur-
pose of nominating any candidate or
candidates to be voted for at such gen.
eral, special or municipal election
shall
''be fined not less than one hundred
dollars nor more than five thousand
dollars, or shall be imprisoned for term
not less than one month, nor more
than three years or stall suffer both
fine. and Imprisonment within said
limits, at the discretion of the court;
and, if male, shall further for term
of ten years next following his SEN
tence, be incapable of voting at any
such general, special, municipal or
primary election or convention or
meeting"
These provisions, however, are not
SO remarkable. The next section, s,
provides, at even greater length,
for prosecution ton information filed
by the Attorney General, after exami-
nation and commitment or holding to
bail by Judge or justice of the peace, =
and proceeds to say, sand the cause
shall be heard, tried and determined
by the court, without the invention of
either a grand jury or petit jury. "
The accused, if convicted, has right
of appeal to the Supreme Court.
This provision was adopted by
large majority in the Convention. It :
was supported on the ground of neces-
sity. In the infected communities, 1t
was said, jury is itself infected, and
convictions cannot be had. Speaking
in the Convention January 2lst, last,
John Biggs, the president of the body,
formerly Attorneys General Of the
State, earnestly urged the adoption Of
the measure. He said:
tThere is now a law on our statuts-
books-it has been there for fifteen
years-which might prevent bribery, II
enforced. Tell nee that one-third OF
the voters Of this State are corrupt and
that there is no law to prevent itP The
reason is because it's almost impossible
to convict man with mixed jury. !"
This view. prevailed, altho some
members, including Mr.. William Corhit
Spruance, of Wilmington, one ofths
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