The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-08-15
Revs.si az she Constatusaon-Evals under the
Present Spus

AZ tne next annual State election the people
are 70 decide whether our present constitution
IL 10 he revised or not 1t is very certain that
ometpng must be done of that Sort or we
fua'i before many years fall into anarchy. Dis
on'en' pervades the public mind to very
sseat degree; and there is good cause for it,
vita every element of success a. hand, We are
eS7oeraaing politically and socially. Never
vas there more disorder prevalent among us
then 81 this very moment Crime is rampant
good citizens retire in despair from a contes,
IA which corruption and brutal force are DON
rtantly victorious. To this state of things we
have been brought in a great degree by the
principle of AL elective judiciary. Our most
.mipept jurists no longer desire q seat on the
bench; aud If they do they have no chance of
seiuog there. Those only who are favorites of
the mob, OF the wirepullers. or the shoulder
hitters, are likely to be elected even if they
receive nomination. The whole system is a
fraud, and leaves just responsibility nowhere.
We can thus perceive the easy escape of the
guilty, the perversion of civil contracts into
criminal procedures, the frequent arrests on ali
davi,s OF interested parties, the low coalition
of the legal professionalism avowedly followed
for the sake Of gain-the looseness of modern
p'eadings, the rapacity of ministerial agents,
the enormous increase of costs, the large couu-
sci fees, the difficulty Of bringing rich rogues to
Justice, and the absolute ruin of any maR of
moderate means who engages in lawsuit Of
any technicality. There is no longer among
the people any respect for their Judges, gapd
consequently, for the laws. The multiplicity of
dictions in authorities, and the uncertain provi-
sions of the Code, leave sutors in continual
doubt, while the daily invention of new tricks
Of practice on the part Of uuprincipled lawyers
leave little hope Of change for the better frou
the present state Of things. A new Judiciary
system, and non elective one, seems inpe-
riously necessary. The Judges of our highest
courts should be nominated by the Governor
perhaps it would be better if all derived their
comiaission from the came souTce-with a tenure
If Office extended to institutional period de-
pendent only for its earlier cessation on good
behavior. No one pretends to compare the con-
dition of our courts as now constituted, with
what it was in former days
So, too, with the government of our large
cities. The Mayor should have control of all
the bureaus and heads of departments, and be
held responsible for their conduct. The con-
slant conflicts between our municipal author-
ties are disgraceful, and the enormous expense
to tie taxpayers, arising out of the continual
struggles for the Possession Of office, serious
evil. While these antagonistic struggles are
going o. the public business is eft a. loose
ends, and no one knows who is entitled to re-
spec; or obedience. The CITY of New York has
beer openly swindled out of millions of dollars
by official roguery, and not an example has yet
been made Of q single swindler The courts
ere afraid to examine into this condition of
things, and the prosecuting officers appear to
be paralyzed at the mountain of crime that
towers above them. The State and the city are
continually az logScrheads, Get on by intriguers
and persons having the ear of those in autho.
rity, in order to seize upon fresh pluuder at
every Outbreak. Imprisonment for debt,
though covered up by specious exceptions,
exists to q greater degree than ever, and il has
actually become dangerous for one man to do
business of any kind with another. The iails
ere crowded With unfortunate debtors. Far
better to have tyranny at once than
our present anarchical system. Let us know
where we are and what is the law, even If It
be harsh, instead If being forever exposed to
the ingenious tricks OF knavish lawyers and the
cobweb neshes Of unequal laws. Some new
and stringent remedies should be enacted with
regard to dslalltirg railroad companies, and
the further construction OF unnecessary parallel
lines. AS Of present uaraytd they are spoag.s
20 wipe up the property o. the stockholders
and squeeze II out among directors, their
friends, their agents AMI their brokers'. II the
law is intended 10 be a security for property,
let it be made applicable 10 the rotten concerns
which now disturb the entire commercial trans.
actions Of The State and are building up q
powerful conftderacy Of rogues The excise
question should also be placed on some general
basis, so that II cannot any longer enter into
our local squabbles or be the sport of any and
every tribunal, at its pleasure and by its own
verbal constructions
Our State and county prison system requires
extensive revival. Our prisons are merely places
where favored contractors reap the profits of
convict labor, and where at times the greatest
cruelty In the treatment Of prisoners prevails.
The condition Of the insane now confined in the
most noisome cells in the county prisons,
though again and again brought to the notice
Of the Legislature, remains deplorably bad and
without the hope Of alteration.
A provision should also be made by which
the regulation OF The Excise should be left to
the control Of cities, villages and towns re-
spectively, by which one element Of politi-
eel strife would be cut up by the roots.
These are few OF the subjects which suggest