The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-15
The Pre- posed Revision OF the Constit ution-
The Popular Vote Against II.

against the proposition to call a convention for
the purpose of revising and amending the con-
stitution Of the State of New York have not
been received from all the counties of the State,
yet tie result is sufficiently well ascertaned to
justify the assertion that the proposition is mega
lived by very decided majority. The only
three counties remaining TO be heard from on the
subject are New York, Ulster and Westchester;
and the probability is that the result of the ag-
gregate vote in these counties will only increase
the majority against the proposition.
The action of the people of the State on this
most important measure reveals curious condi-
ton of things. There is not an intelligent, con-
scientious man in the city, who does not realize
and acknowledge that there are many things in
our present State constitution that need altera-
ton: chief among these is the Judiciary system
with which it has afflicted US. Our courts Of
Justice, with one or two exceptions, are now
nothing more than arenas for the exhibition
Of party and personal feeling. Of ill-brecding
on the part Of counsel and of stupidity
and imbecility on the part of Judges, and for
confounding inextricably every question Of law
decision that is made by one Judge to-day is re-
vised and reversed tomorrow by another Judge
sitting in court Of coordinate or inferior jurs-
diction. regardless Of law, of justice, Of decency
or of judicial etiquette. In consequence of these
judicial cross purposes and antagonistic deci-
sons, cases are got into inextrcable confusion.
Justice and equity are defeated, frauds against
the city and against individuals are sustained,
and scoundrels who ought to be serving the State
in the penitcntiary or State prison, or who ought
to have expiated their guilt upon the scaffold.
are turned loose upon society or allowed to cheat
the gallows for years.
All this is due to our present judiciary system
rs organized by the constitution and the Code The
prize fighters and shoulder hiters and DULLES and
vagabonds who control the primary elections
are the source from which we get our Judges
and from such polluted source it would I've un-
natural to expect anything pure. II is not from
any failure on the part of the people of New York
to see and to appreciate the evils which this
state Of things produces that their apathy in
applying remedy proceeds The people realise
and are ashamed Of the low condition to which
our bench and our bar have been brought by the
popular election of Judges. And yet they are 80
apathetic that when the chance Of changing all
this was presented to them they held themselves
aloof declined to avail themselves of the oppor-
tunity and left the judiciary to sink lower and
lower in point of ability, character and reputa-
ton.
20 pnto cc ,csc hat ty,c
pie of the rural districts should in general have
given, as they did, majorities against the pro-
posed revision of the constitution. They do not
experience from it the evils with which the com-
munities in large cities afflicted. In the rural
districts the primary elections are not controlled
by ruifans and loafers. They are usually men
Of substance and respectability that take part in
them--men having direct and lasting interest
in the good local government of their township,
district or county. II usually follows that those
who get the nominations for judicial and
other Offices are men qualified by their character
and requirements to discharge the functions of
the offices TO which they are respectively nomi-
mated with credit to themselves and with advan-
tage to the community. II must almost invaria-
bly, be so, for the various candidates are always
known to the entire body of the constituency
II is quite otherwise in New York and other large
cities. Party organizations, under the control
of political loafers and rowdies decree who shall
be the nominees for the various Offices to be
filed and il is needless to say that these DEGREES
are always the subject Of bargain and sale
Nominations to Offices are bought and sold and
he who bids highest, other things being equal,
gets the prize. Under such system, the only
wonder is that we have not lapsed into lust such
a state of decentralization and Reorganization as
gave San Francisco such bad notorcty before
the advent Of the Vigilance Committee.
such being the condition Of things in this great
metropolis Of the Union, il was but. natural to
suppose that the opportunity offered by the State
Legislature to have the constitution revised and
amended would have been gladly accepted by
the people, and that an immense majority would
have gone up from this city in favor Of such
revision and amendment But, although the
official returns have not been sent up there i no
doubt that the utmost apathy prevailed here in
regard to the question, and that the return Of the
votes will show, if not majority against the pro.
position, at least a very slim majority in favor of
ii. The fact Is. the democratic politicians did
not want to have this Convention. because
in the first place, they feared that the next
Legislature would throw upon the Conven-
ton the settlement OF questions which il would
otherwise be called upon itself to decide; and,
in the second place, because they did not want to
give to the republicans controlling voice in the
framing Of State constitution. The dcmocra-
tic leaders, therefore-those who had the getting
up Of the tickets-dd not supply TO voters any
tickets for or against the calling of Convention;
and probably not one-half OF those who cast
their votes in this city took the trouble to ex-
press their will on that subject at all. SO il has
always been here. The wealthy and respectable