New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-23
OUR CONSTITUTIONAL ELECTION.

Our Amended Constitution, "a framed or
revised by the Convention of 1861 has been
rejected by decided majority of the popular
vote. Had that vote been full, we think the
result would have been different. AS it was,
we are confident that decided majority of
those who had ever read our present or the
proposed Constitution, and at least One Humid
red Thousand Majority of those who had read
both and thoughtfully compared them, voted
for the Amended Constitution. But the
managers of the Democratic party had
determined, before the Convention of
1867 met, that no Constitution framed
by il should be adopted, and their fraudulent
triumph of 1868, with the consequent Repub-
lcan encouragement and apathy have enabled
them to cOnsummate their purpose. No one
could plausibly question the great superiority
of the provisions of the Amended Constitution
with regard to the Right of Suffrage, to
Bribery at Elections or in Legislation, to the
choice of Members of Assembly, to the man
agement of our Canals, To the government of
our Prisons, and in almost every other respect.
Conld the matter have been fairly discussed
before the People, it would not have been pos
sbe to defeat the reforms proposed; but,
in q season of general apathy and inattention
to politics, the Democratic managers could
incite their followers to vote it down; and that
they did. Thus votes against the Constitution,
against tho proposed Judiciary article, and
AGAINST a uniform rule of Assessment and
Taxation, were thrust into the hands of at least
One Hundred Thousand voters who had formed
no opinion, because they had no knowledge i'll
the premises, and they were then pushed up to
"vote the whole" without knowing or guessing
what they were about. Thus was the Amended
Consultation voted down as also this provision
of it separately submitted:
"Art VIII, rs Real and Personal property shall be
subject to uniform rule Of Assessment and Taxation"
How many, think you, of those who voted
down this provision, had any clear. idea of its
purport or effect2 Did they decide that taxa
ton ought to be unequal and caprciousY IL
not, what thenf
The Judiciary article, we rejoice in being able
to state, is adopted, though nine-tenths of the
Democratic vote was cast blindly against this
also. But there were many lawyers and some
other independent, intelligent citizens, who re-
fused to be dragOOned into voting as mere
automatic and they have saved this important
Article, which thus becomes part of our ex-
listing Constitution. 1t reads as follows:
ARTICLEvL
SECTION l. The Assembly shall have the power OF i'm
by vote o Of the a 6 OF all tns sn
DO composed OF the President OF the Senate the Sena
Court Of Appeals or tho major part Of them On the
trial OF Impeachment against the Governor the Lieu
teDantGOvernOr shall not act as member OF the Court
No judicial officer shall exercise his onicei after
articles OF impeachment against him shall have
Tsye been ACQUITTED Before the trial OF an impeach
men members Of the shall take oath az
according 10 evidences person shall be convicted
without the concurrence OF twOthrds OF the members
extend further than to removal from office, removal
from Office and disqualification TO hold and enjoy any
Office OF honor trust or prOt, under this State but the
party lnpeached shall be liable to indictment and punish
nent according 10 law.
Chief Judge and six Associate Judges who shall be chosen
W the ELECTORS OF tho State ana shall hod Their office for
OF January next after their election At the first election
OF Judges under this constitution every elector may
FOR the and only four OF the Associate Judges Any
five members Of the court shall form quorum. and the
Concurrence OF four shall be necessary to decision The
court shall have the appointment with the power OF
removal OF It's reporter and clerk ana OF such attendants
SIG g. When vacancy shall occur otherwise than by
expiration OF term, Ia tho office OF Chief or Associate
Tor full term at the general election, happening
less than three months after such vacancy occurs
and until the vacancy shall be ed the Governor by
and with Inc advice and consent Of the Senate II the
Senate shall be session or not the Governor alone
may appoint to al such vacancy II any Such al, ap
among the Associate Judges, temporary ap'
pontnent OF Associate Judge shall be made ~ like man
ner but such tho person appointed Chief Judge
shall not he deemed vacAe his office Of Associate Judge
any longer than until the expiration OF ms apP9,htment
as Chief Judge The powers aud jurisdiction OF the court
shall be suspended for want Of appointment or cleo
ton when tho number OfJndges ssllclent TO constitute
A quorum All appointments under this section shan con
time until aud Including the last day OF December next
after the election which the vacancy shall be nled
SEC A. Upon the organization Of the Court 0l Appeals,
under this article the causes then pending In the present
Court of Appeals shall become vested Ia the court OF Ap
peaIs hereby established Such 0f said causes Al are