The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-26


hrner. Freshss were firm, while engagements were
Moderate.
Shall the State Constellation be Revised and
Amended!
At the State election, to be held in this
State in November next, the voters will be
called upon to express their will in favor of, on
averse to, the proposition to call a convention
70 revise the constitution of the State. The
last constitution was framed in 1876, and con
aims clause which directs that in 1866, and in
every succeeding twentieth year, the question
shsll be submitted to the people: "Shall there be
convention to revise the constitution and
amend the same?" and also that the same ques
tioD may be put at such time ~ the Legislature
may by law provide. II, therefore, there had
been no legislative action on the subject, the
question would not have come before the people
until 1866; but during the last session law
was passed directing the question To be sub
mitted at the fall election of 1853
There are several very important reasons
why the question of the revision and amend
ment Of the constitution should be submitted in
1868 instead Of in 1866. The constitution of 1876
has bad full and fair experiment, and has
proved defective in many points, particularly
as to the executive and the Judiciary depart
mepts The idea which governed the men who
framed the constitution of 1876 was decentrai-
cation. II was thought at that time that the
Governor exercised much more patronage and
power than were consistent with democratic
principles and so the Convention went to work
in the opposite extreme, and stripped him 30
completely as to make him little else than the
chief of bureau. And in the same view they
demoralized our judiciary, by making the
judges elective officers, dependent upon
that sort of popularity that governs
in the Pewter Mug, Tammany Hall, and
in those sinks of pollution where primary
elections are held and party nominations con-
rolled Thus the two great departments of our
State government--the executive and the Judi
ciary-being organized upon wrong principles,
there can be no possibility of having the laws
properly administered or executed aud there Is
no remedy for the evil except in the remodelling
of those departments and establishing them on
sound principles. We propose, however, to con-
fine ourselves ia this article 10 the discussion OF
the question in regard to the executive, reserv-
ing that in regard to the Judiciary for a future
occasion.
The fourth article Of the constitution OF 1916
vests the executive power Of the State In the
bands OF q Governor who shall be elected by
the people, and who shall hold his Office for two
years and subsequent articles provide also for
the election by the people of all the admins
irative officers Of the government. Thus the
Secretary Of State, Comptroller, Treasurer, and
Attorney General, who constitute, in fact, the
Governors cabinet, are elected by the people,
instead Of being appointed directly by the Go
vernon. So II is, also, with the State Engineer.
the Canal Commissioners, the Inspectors Of
State Prisons, the District Attorneys, and every
other State officer, down TO the very lowest
grade. The consequence Of this IL apparent.
The executive has no control over his subordi-
mates, and they have no accountability to him.
II may often happen that they are in opposite
party camps: and ii does very usually happen
that men utterly unqualified for the positions
10 which they are elected are furnished
10 the executive, who has TO get along
VIII Nhtm 90 bNct NC may M
vernon has no voice in the selection of bis
administrative officers, he cannot, of course.
be fairly held accountable for the manner In
which their duties are discharged They are
not responsible to him, and are only amenable
TO the people by way Of impeachment; but
there lie wide distinction between such neglect,
ignorance and Incompetence as would Justify
the Governor in dismissing an officer, and such
misdemeanors in Office as would justify an i'm.
parchment.
The operation of the same bad principle Of
overstretcbed il felt in this
city. Our Mayor occupies the same position of
powerlesness relative TO the heads of depart
menis as the Governor does relative 10 his ad-
ministrative officers lie lie, in fact nudity
in all executive matters, bis only real power
being legislative, in the exercise Of the veto
privilege The Comptroller, the Street Com.
missioner, the Corporation Counsel, and every
ether executive officer of the city, hold their
Offices Independently Of him, and owe to him
no sort Of accountability. The consequence Of
this want Of responsibility everywhere Is seen
IN The dSorgsnized condition Of our finances,
nd W The corruption tnas reigas uncheckes