DRAFT OF A CONSTITUTION PUBLISHED UNDER THE DIRECTION OF A COMMITTEE OF CITIZENS OF COLORADO FOR CONSIDERATION AND DISCUSSION.

A rare and eccentric Colorado constitution, proposed the year before the territory attained statehood. Wynar credits authorship of this Colorado constitution to Montague Richard Leverson, and the Yale copy is inscribed by Leverson to Yale paleontologist, Othniel C. Marsh. Leverson (1830-1925) was a British-born lawyer and follower of Jeremy Bentham, who eventually became a Colorado rancher. This draft of the Colorado constitution was issued anonymously but endorsed by a group of eighteen concerned citizens, and is out of the norm in drafting a state constitution. The text includes a nine-page introduction, apparently by Leverson but signed in print only by "The Author." The constitution proposes that the chief officer of the state not be a governor but a "Minister of Justice." "After the first few years of experiment, it is hoped and expected that the appointment of the MINISTER OF JUSTICE will be confided to the legislature, and that his tenure of office will be for life, or at least for a long term of years, unless removed for cause." The appointment system would be greeted with stiff opposition from the politicians. "How far the 'politicians' may be expected to resist the adoption of such a system.may be judged from the following facts: The office of County Clerk and Recorder of Arapahoe County is currently believed to yield to its incumbent an income (legitimate but scandalous), of 15 to 20,000 dollars per annum. Hundreds of competent persons would gladly accept the office and perform all its duties for $4,000 per annum." When this constitution was being drafted, the BOULDER NEWS suggested that Colorado Territory elect nonpartisan delegates to the constitutional convention, and it was suggested in the Denver DAILY TRIBUNE that a "Constitutional Association" be formed. Naturally, the old ways remained in place. As "The Author" of this draft states in his introduction: "Little hope is entertained that the professional politician, or with some noble exceptions, the lawyers will fail to give this draft of a Constitution a bitter opposition." This unusual constitutional document is rare, and is not listed in Eberstadt's Constitution Catalogue 161, nor was a copy in the impressive collection of American constitutions assembled by Dorothy Goldman. Only this copy and the Streeter copy appear in auction records. The Streeter copy sold in 1968 for $950, reappeared at the Sang sale in 1980 making only $750, and was acquired by Malcolm Forbes. It appeared at the 2005 Christie's sale of Malcolm Forbes' collection, and was bought by this firm for a private collector, for $3120. The present copy is the same which was offered by Dorothy Sloan in 1999. An attractive copy in the original wrappers, of a rare and significant Colorado constitution. STREETER SALE 2184 (this copy). ALLEN & McMURTRIE (COLORADO) 245. WYNAR 7264. Original printed grey wrappers. Some staining to the wrappers, corners worn, two holes punched through in the left margin. Quite clean internally. Very good. In a half morocco and cloth clamshell box, spine gilt.…