The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-04
The New state Constitution-The Work BE-
fara ii

nas "cioro ~ Ho ave anu Responsible duty OF
framing the organic law upon which the gov
eminent of New York is to DO based for the
next twenty years. The progress and pros
perity OF the leading State In the Union, with
its four millions Of inhabitants, depend in a
great degree upon the action Of the citi-
zens delegated TO represent the people in this
important body. 1t has long been conceded
that the present constitution, which has been
in existence since l846, Is inadequate to the
wants of the State, and majority Of one hun
dred thousand voters have decided that it
shall be revised and amended. It's most glar-
ing faults are clearly defined. Under It's lax
provisions corruption has become common
In the State Legislature, in corporations, and
In almost all public bodies; and the law is
powerless to check or punish 1t. The executive
branch of the State government is inharmo-
NOUS, weak and inefficient municipal indie
pendence is blotted out; the people Of the
metropolis are deprived Of the control OF their
political affairs there ia no responsibility to the
electors on the part OF any Of the principal
authorities; the taxes are increased at the will
of a venal Corporation and set of guerilla
commissions, and the whole CITY is in condi-
ton of anarchy. The usurpation inaugurated
here is steadily advancing and spreading into
other cities Of the State. The judicial system
has proved so complete a failure that the peo-
pie are shut out from the courts and practically
denied justice.
The whole of these evils may be traced
directly to the policy of decentralization"
originating with the Herkimer county politi-
clans who, twenty years ago, controlled the
democratic organization and forced the adep-
ton Of their peculiar views upon the Constitu-
tional Convention Of 1916. Under the mistaken
idea that system that worked well in little
central county must be applicable to a great
State, they provided for the election of every
officer, from the highest to the most insignificant
in the government; stripped the executive ,ad
Of nearly all his power, and threw the judges
into the dirty pool of party politics, there to
scramble for their positions on the bench. By
this policy, which they urged under the spe-
cious cry Of giving power to the people, they
in fact deprived the people Of power, by scat
tering the responsibility Of public officers and
rendering it impossible for the electors to
reach unfaithful officials, or, at best to do
more than correct bad government by piece
meal. They affected the character Of strict con-
structionis.s and public economists but their
work was Of so bungling description that for
twenty years it has given the broadcast license
to extravaganza and corruption in every de-
partment of the government, in counties and
municipalities, as well as in the State.
So far as the judicial system Is concerned.
the democratic organs have put on record
distinct indictment against it. They have de-
clared that the judges elected by the people
are mere political partisans, and have cited
decisions of our highest courts in support of
the assertion. Every person who knows any
thing of the subject agrees that the courts are
at present m ere mockeries Of justice seats, and
that to leave them without some reform would
be to practically shut the people out from legal
redress for their wrongs or legal enforcement
Of their rights. Lawyers and others have sug-
gested improvements, some in o decrease and
some in an increase In the number of the
judges, others in the Jurisdiction Of the courts,
and others in the Limitation Of appeals or q
multiplication Of appellate tribunals. There
are, no doubt, many practical methods Of reliev-
clearer hereafter; but no reform Of the judiciary
will be complete that does not wipe out the
elective system and the short terms originated
by the fossils Of ls46, and provide for the ap.
pointment of all judicial officers during good
behavior or until reaching stipulated age. BY
no other means can the State secure fearless
aud independent Judiciary, and by no other
means can the evils under which we now suffer
be permanently removed, however effectually
they may be temporarily suspended.
The Convention has plain course and brief
work before it, If the delegates will lay aside
all personal and political considerations and
determine upon submitting to the popular vote
constitution honestly framed for the public
good. There are but few subjects upon which
they are required to touch TO accomplish a
thorough reform in the organic law, and the
principles that underlie them are already well
understood by the people. The ballot must be
given to all men alike, irrespective Of color.
We have forced negro suffrage upon the South
il would be inconsistent and cowardly to deny
negroes the right of suffrage in our own State.
The Governor of the State must be made the
execuiive1n fact as well as in name /; he must
have the power Of appointing all his subordi-
nate departmental officers, in cooperation with
the Senate, and thus be held directly response
BILE to the people for the efficient, honest and
economical government Of the whole State.
The judges must be appointed for life, during
good behavior, or until attaining a stipulated
age and must be placed above political influ.
ences and rendered wholly Independent Of
parties. To municipalities and all political
divisions the right of local selfgovernment
must be assured and in cities, as in the State,
the chief executive must have full mower To