New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-04-10

Ing IL these temporary habiiiments OF power "a 10
render US deaf &c the voice OF people, and blind
20 the wisdom OF past experience! We wear oaI
legislative garments but for dsy-the people ana
their rights exist forever. -
II IS 10 your committee a new theory IN hepuoil-
cznisu, 10 dis,rust The people II will De found a
dangerous experiment trlfie with them II VII.
be in vain gloss our action, so that our real
disposition towards them can be concealed oy any
pretens,ons, however sPecious.
Another consideration has much force with The
committee in preferf;ag submission CT this CUES
non the people, and tetis We desire repose, mai
there should be termination 0! this exciting SUD
ject. This cannot be obtained, unless, nor until,
Convention is called. our committee see 40 Tea-
son 10 doubt, that questions of amendment Will
yearly be pressed upon The Legislature, and when
il finds (Which will rarely hapPen) provision too
plain 10 be evaded, and too strong 10 De broken, II
will propose lis abroganon.
1t cannot have escaped the observation OF the
members of ms House, that one OF the most I'M
portant provisions OF cur present Constliutlon-hai
intended as restriction upon the legislative power
in sppropriaiing the public moneys or property Tor
social OF private purposes, or creating, altering, or
removing any body polite or corPoraie-has not IN
practice prevented the growth and increase of mo.
nopoles to an extent dangerous 10 the freedom OF
ooInions. and derogatory 10 the principle OF pou-
cal equality: nor has i, operated more bcnignly in
protecting the public property rom the rapid waste
and devouring appetite OF local and private con-
sumption.
Experience has taught Us the melancholy lesson
that a plain provision OF 4 Constitution, written
guarantee of The common right Is barrier against
combinations OF wealth and cuPd,y. entirely TOO
feeble TO resist their influence; and that when
majority could declare us right 10 act, II has seldom
hestaed 10 do so. This clause OF the Constitution
has proved little better than bone OF continual
contention, not only in the Legislature, sut IN the
Courts. Already nearly volume OF conflicting
opinions has appeared attempting TO give consiruc-
ton to four lines OF very good English, embracing
bodies polite and corporate, and yet cases are null
tplylng and judicial light Is pouring It's rays with
concentrated intensity upon this restrictive clause
upon legislative power, without yet having made
the supposed darkness thai surrounds Il. visible 10
the common sense OF the people
As far as your committee have been able TO CLEAN
light from the past. they cannoi find that constiiu-
tons have ever been very ably defended, or much
improved By judicial lucubratlons, especially those
provisions which were intended 10 protect the mass
of mankind against the encroachments OF the few,
feeling power and forgetting night. Your committee
are informed that questions involving large amount
Of properly, invested IN corporations organized I'M
der the general banking lava still larger amount
involved IN what are known as the street cases IN
New-York together with various laws IN relation
10 municipal corporations, are still depending and
unsettled in the courts IT, then, there were other
motive than dust the rights depending upon
these constitutional questions If our constituents
were content with the present amount OF public
debt, and the payment OF taxes, and were ANXIOUS
10 increase the and perPetuatc the other: they
still had patience to wait on Justice, al runous ex-
penses and almost hopeless delay; II they believed
that the Executive patronage was now vested IN,
and flowed from the most wise and approved foun-
tain If they still desrous that corporate inter
ests should be multiplied and increased, and The
Treasury still laid open 10 plumber; yet there would
be, i'll the opinion OF your committee, and all con-
trolling necessity for submitting 10 the ireemen OF
lao non DrSGp ed 10
committee cannot but express their deep conviction,
that a large majority Of the people look with ankle
" 10 decision OF the princlp!e involved IN this
bill aud await our action with solicilude.
The Convention bill OF 1871 received The unan-
imous sanction OF the popular branch of the Legs-
!ature Of that year. AN opposition airerward sprung
up, TO the first bill passed, on the ground that the
question OF calling a Convention ought hrst 10 be
submitted 10 the people. Neither the Executive
nor the Federal Judiciary OF that day suggested
doubt of the night or power OF the people 10 Call
Convention; neither the Convention OF 1871 nor the
people of the State, could, by any Constitutional or
other enactment, have prevented the present popu-
la,ion of this State from making and adopting such
a Constitution as they desire 10 live under, provided
II does not conflict with the Constitution OF the Uni
ted States
Governments confer but few blessings upon the
pcople they create many evils, and II Is will the
nope of saving the former more entire and perfect,
and OF avoiding the latter, that men act ana ION III
defence o! tne masses ~ oi 'i,'S any I'''9 '
that Conventions should be called and they never
will be asked until they rendered necessary by
the assumptions and ransgressions OF Government.
The Committee therefore indulge the hope tina,
the propositions of this bill will receive The unan-
mous appreciation OF the Legislature, and OF all the
officers and ministers of Government That insieed
of opposition, doubts and fears, all may unite with
natriotc zeal to place this important subject IN the
keerng of those most competent 10 decide IT, ACT
ualed BY this spirit and convinced that a Conven,
ZION is the only adequate remedy for the Social
disorders which surround Us, your Committee
respectfully recommend that this bill be passed INTO
a law.
New-York Legislature.
TUESDAY. AprA :.