The New York herald., 1845-01-08

for its more effectual suppression II operates
positive coercion 0pon many who are really unwi-
ling TO make BETS because il is made test by the
members OF the contending parties, Of the conn
dence OF each other In the strength Of their cause
and their candidates, and their final party success
The offer at the bet is often the consequence oi
heated discussion and strong partizan feeling made
by one who, without excitement, would nei her OF
ter nor accept bet upon an election, and yet once
made and reluctantly accepted, the same coercion
prevents either party from receding; the wager re-
mains, and they become parties 10 a bet upon thu
pending election, and subject to all the selfish and
corrupting Influences which have been described,
though both feeling a repugnsnce to the practice
To avert these evil infiuencesfrom such parties and
save them from the coercion Of SO artificial and
imaginary test OF political sincerity and conf
dence, if it can be done without violation Of
principle, is certainly most desirable and would be
a valuable improvement in our legislation.
Many have suggested dlsfranchsement as the
penalty OF becoming party to bet, upon the very
rational ground that he should not be permitted to
vote at all, whose vote is to be governed by his pr
vate interests, and not with reference to the public
good. This suggestion, owever plausibly urged,
we have not the constitutional power to adopt
The constitution Of our State declares the qualf-
cations and dsquai6cations OF the voter, and does
not give to the legislature the right to subtract from
the one or add to the other Its whole power In
the matter is to pass laws for ascertalning the con-
sttutional qualifications. The suggestion which
strikes me with most force, and as most likely 10
arrest the practice of betting Is to make 1t punish
able crlminaly to subject The parties to every be
made upon the result Oi an election, 10 indictment,
and upon conviction, TO punishment by hne,
to be graduated by the amount OF the wager,
and all the costs Of the prosecution. II the hne
be given entirely to ths complainant, the probaDi-
hty OF prosecution, and consequently OF arrestlng
the evil, will be streng, hened.
No valid objection in principle against such law
has occurred TO me. The deleerlous influence OF
this species Of gambling upon the pubic morals
alone, would, it appears TO me- justify the passage
of a law which should make it criminal And
when its corrupt and corrsptiHg tendencies upon
our elections, upon the free and proper exercise OF
the elective franchise when its influence 10
bring the improper expenditure OF money into a
political canvass and to apply it under the desper
ate impulse OF gambling spirit, are considered, J
cannot doubt that the moral and political aspect OF
the evil will fully justify its classification as h
crime, and its punishment as such.
Isabmit the suggestion, however, with great de-
ference, and in the full conviction that It will not
receive your sanction, unless you deem 1t sound III
principle, and likely to prove sautary in practice.
Such law cannot do less than relieve from cOer.
cion those who do not make bets from voluntary
choice ;Sas state Of public opinion will be like
ly to require of the citizen, that he should violate
the law and subject himself to indictment, to man
ifest his confidence in the correctness of his polti
cal opinions, or the success Of his political party
and if any should be reckless enough to challenge
him to do it, his refusal, placed upon this ground,
will admit of none Of the inferenees, which con-
stitute the coercion at present felt.
The use OF money at our elections, not connected
viii wagers, has become subject OF universe
complaint The provisions of our law are yer,
rigid, and expressly confine the lawful use Of mo-
nev upon those occasions to "defraying the expen
| ses Of printing and the circulation of votes, haad
bills and other papers, previous to any sucn cleo
ton, or for conveying SICK poor, or infrm eectorl
TO the polls and any candidate for any elective
office, or any other person, who shall, with intent
to promote the election Of any particular candidate
or ticket, contribute money tor any other purpose
Is guilty of misdemeanor: punishable by fine moi
exceeding two hundred and fifty dollars, or by i'm
prlsOnment not exceeding six months. II is difficult
to see how provisions Of law can be more rigid, and
not restrict the free publication and circulation o
political matter, or prohibit Offices of kindness to
he sick, poor infirm; and yet is manifest that
the evils and mischiefs INTENDED to be prevented
by the present law yet exist, and are rapidly and
alarmingly augmenung. II Is impossible TO pre-,
surne that the contributors expect, or intend tC
keep within their own control, or even to retain 9
personal knowledge OF the uses TO which their mo-
ney is applied, as vast purses are frequently made
up for the avowed purpose of wide distributor
| throughout the counties Of the state, and not to
meet thenawful expenses OF the election in The
county where the contributors reside, and are vo
ters. The forms Of the law may be observed ii
the subscription papers, but the spirit Of the law i
| disregarded, It not expressly departed fr0ms wheT
the application and use of the money Is placed be
youd the power and knowledge of him wh'
gives it.
1t is worthy Of consideration whether contribu
tions In money, tor any purpose OF expenditure
even within the terms of the present law, may no
be safely onhned TO the county. II the object u
publication, let the contributions be in publications
and not in money, and the expenditure is br0ugh
within the terms and provisions of the law, by th.
act OF him who contributes the money. II will
scarcely be contended that the sick, or poor, o.
intrm, of any one of our counties, will be KEEP
| from the poll, If money is not contributed from
another county to defray the expense OF conveying
them to it: Every county has citizens enough
able and willing to perform that service tor theil
sick and poor and infirm neighbors.
Il has been suggested that this corrupting infu.
ence upon our elections may be restrained, by
limiting the amount, beyond which no candidate
and no citizen shall contribute for any purpose: !!
such a limitation can be imposed and enforced, il
will doubtless 60 far to restrain the evil, il
apparent that very large amounts'are paid by com
paratively few subscribers Large contributions
cannot be made with any regard to the provision.
of the existing law, and the contributor doubtless
contents himself by the reflection that he but give,
the money, while, taking no part in its expenditure
ne Is rot responsible tor any violations OF the law
to which his act may lead. Such contributions o.
money, tor such purpose, cannot fail TO lead tt
abuses, and are therefore themselves abuses, anC
any provision which should effectually restrain
| them. without violation Of principle, would be
most important step towards exempting our cleo
tionsfrom the poisonous influence OF money.
Two proposed amendments Of the Constitution
will call fory action, farther to extend our Judi
ciary system One providesfor the addition OF three
associate chancellors to the court Of chancery :
This court has always hitherto consisted Of single
udge, but years OF experience have proved that tn,
labors OF no one man are equal TO the discharge o
the duties and the despatch Of the business Of tina
| court.
The other amendment adds two Justices to tn,
| bench OF the supreme court. Formerly this cour
| was composed OF five judges, and they performed
all the duties of the bench and oi the circuits fo
the whole State. At the revision Of the Constitu
tlon, eight circuit judges were provided for, ant
the judges In bench were reduced to three. Al
with the court OF chancery, the experience Of sc
veral years last past has concusivey shown tina
the three justices cannot do the business fallin
upon this court, and, in both the supreme court an
court Of chancery, delays of justice are suffere
deeply injurious to parties, and laying the founda
| tlon for just complaints.
A conviction Of the necessity of adding to ou
judiciary in some safe and proper way has Ion
since been produced upon the minds of our people
and difference of opinion as to the expedient mod
of accomplishing the object has prevented amend
ments of the Constitution until this PERIOD Wit
full view of all the facts, and full knowledge
the necessity of some farther provision upon ih
subject, your immediate predecessors matured tn
amendments now under consideration, and mad