The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-03


10 q very much greater degree by the laws OF the
State and the manner or their enforcement than by
The operations Of me general Inc
upon the owners OF property are regulated by state
laws. The enforcement OF business contracts or
every nature are, IN the main, In the hands OF tbs
STATE courts. me detection and repress on or crime
are dependent except IN few rare instances, upon
the enactment OF proper criminal laws by the State
Legislature and their due enforcement. The order
OF the community h under the guardianship OF State
laws and dependent upon State authorities for It's
preservation. The powers Of our municipal gov
ernments whose action Influences still more sensi-
bly, the peace and comfort OF eyery maus home, are
conferred and defined by the state government IL
Is obvious, therefore, thai 1t Is matter OF tran
soendent Importance to every citizen OF this great
Commonwealth that 1t should possess wisely con-
structel framework OF government adapted 10 sc.
cure the most wholesome LEGISLATION, me most ei.
cien enfol cement OF law, the most faithful admin
istraIion o. ITS affairs ana an uninterrupted main
tenance OF order.
vention to revise the constitution at this time. The
attention OF the people will be much engrOssed this
Immediately after That event the efforts OF our best
citizens Of all parties. Will be united 20 effect
thorough revision. Nor am sure tnata Convention
Is necessary or the best means by which TO attain
A commission Of thirty two eminent citizens. to
he made up by selection OF an equal number from
each OF the two great political parties would, 1t
seems to me, be as likely to work out goOd result
Sucn a commission could have all the benefit OF
the debate incident to larger body through mtei.
gent discussions the press and the voluntary sug<
gestons OF thoughtful citizens and would be al
most certain to agree upon amendments which
h II you should be or the opinion that 1t Is wise to
appoint commission there can be no objection to
not be made until after the Presidential election,
when the pubic mind would be In condition to
not the mode provided in Inc present constitution
for Of at oa'
by sucn o commission and submitted by
item to the Legislature aud by the Legislature sub
united TO Inc people IN due form would II approved
nv nix nf
and become substituted for the present constitution.
You have, moreover, the constitutional power to
originate anv amendments to the existing cOnstitu.
ton, and If the same shall be concurred IN by the
Legislature to be chosen IN 1873 they may be sub
United to q direct vote OF the people, and II ap.
proved by the-i win become part OF the constitu
ilon.
organic law OF this State Ii full OF serious defects
that feel justified In calling your atteatiOn to the
in my Judgment 1t falls as q means OF securing TO
us the best possible administration OF our public
The Constitution OF the United States was con.
structed by Convention made up Of the wlsest and
then composed the Union Each Of these States had
been Obliged some years carrier 10 frame a constitu-
o s o R STATES @ ao e
as men inexperienced and new to the WORK they
were called upon to perform. Iney brought with
indeed conflicting Ideas OF the powers which ought
10 be conferred upon the new government about to
be established. and the manner In which those pow.
ers ought to be distributed among its several de-
partments.
There u.s. OF course, this difference between that
instrument and the constitution OF States that the
former originated special government ana confer
red on 1t certain powers and none other, while in
the State government all the powers OF government
inhere except such as, by the constitution or the
United States OF by Its own constitution It may he
iorDidden to exercise This difference does not az
feet the question or how The powers OF government
may e ersalve a ams
that OF now TO provide the lnstrumentatie5 through
which the government is to be administered In
NJ n n
United states may wisely be followed.
Under the existing constitution the Executive
Department OF the State l.; not so organized as to
insure the most efficient administration OF affairs
and the most complete and direct responsibility.
ernor Is to zee that the laws are faithfully executed
Il Is obvious tnat in the selection OF the sub
departments, the duty Is uevolved OF executing
the laws or the State and administering It's AFFAIRS,
voice. The experience alike Of public AFFAIRS ana Of
private business proves the eXpedency OF u single
pubic or private business Is to be managed are to
be carefully laid down aud precautions taken
rules aud within their limits the CHIEF direction q
aais is given 20 one person. the pest safeguard for
responsibility. The Governor ought to be held re-
sponsble for every branch Of the actual admnstra'
sion OF tne states aalrS Under our present con-
ated from ais control. In the management OF the
finances OF the STATE Of the Canals Of ne State
tive OF the Stale has not, as ne should have, the
directing power. In order that responsibility
the people may always know who Is TO blame for
any maladmiuistratio, all the heads OF admlnisra.
tive departments should be subject to the supervl.
sion and the correcting power or the Governor The
duties OF the Secretary OF state are so directly con
nected with the details OF executive action, espe
cially in the matters OF appointment to once and
the issuing OF rardons that he ought to occupy the
nor, and ought TO be selected by him. The AttOr.
ney General is the legal adviser OF the Governor.
The CHIEF executive Olfcer or the state should be
selecting Tor legal adviser such person as is In his
judgement the most competent: the Attorney
be responsible for the conduct OF all that
class OF officers throughout the State which
for crime and other violations Of State laws Prose
cutting officers for Ofenses against the laws OF the
should not be county officers, but be the deputies OF
The Attorney General appointed by him or by the
responsibility for the due enforcement of the laws
could be brought home, as should be, directly TO
ee S"t the are snay Executed
Ii appears to me proper that the secretary OF
State and the Attorney General should be appointed
Senate, and mold Office during his pleasure; and
that the Comptroller, SUPERINTENDENT OF Canals,
and q superintendent OF Prisons shOud with or
without the consent Of the Senate be appointed by
the Governor to hold once during his own term,
but removable 10y him at any time for cause. These
officers would form valuable council to the
Governor
ON the superintende OF Canals should be de.
Canal Commissioners and the state Engineer.
The management OF the prisons OF the State needs
great REFORM which cannot be secured BY mere
change or officers. The system Is At fault. con.
stitutiona amendment has been suggested putting
these institutions under the charge OF Board OF
Citizens 10 not to be paid for their services
While that would be an Improvement upon the
present system, rejection upon the subject has con-
WINGED me that better amendment would be 10
supersede the present commission OF three Inspec.
tors elected one every year by the peope) by one
Inspector OF state Prisons to be appointed by the
Governor aud to be removable by MIN. An advisory
or examining board OF citizens might be valuable In
addition; but for the actual administration OF prison
o"rre and the appointment oil oil subordinate ofi'
GERS i would be pet!eE y Aayo JUG FespouslUAis
concentrated upon one man, tnat one man being
accountable to the Governor, than TO nave tins
RESPONSIBILITY divided among the members OF