The New York herald., 1874-11-03
The Amcndmcnts to the state Com
stitu tion.


regards those political questions into which
party spirit or personal passions do not enter
as prevailing element is illustrated by the
indifference felt toward the important amend
ments to the State constitution submitted to
thevote of the people at this election. That
there is urgent need of amendments is con-
ceded by intelligent men of all parties. The
people of this State have been engaged tor
eight years in attempts to amend their consti-
tuition, and they have now an opportunity to
accomplish what they have SO long desired.
The constitution of 1846, under which, with
the exception of the Judiciary article, we are
still living, has proved, in many respects, a
lame instrument. In 1865 the Legislature
passed an act submitting to the people the
question whether convention should
be called for revising it. The people
indorsed the CALL and in the summer of
1867 convention was assembled, consist
ing of the ablest, most distinguished and
most experienced men of the State, of both
political parties, who spent many months in
discussion and deliberation. The republican
party then held ascendancy in the State, and
the new draft of constitution failed chiefly be-
cause it was framed under republican auspices
But the failure of that particular plan did not
extinguish the want nor discourage further
efforts. Governor Hoffman, in 1871, made o
recommendation to the Legislature to author
ize the appointment of commission of thirty
two members, one-half to be selected from
each political party, to renew the task which
had miscarried in the hands Of the Constitu-
tional Convention Of 1867. An act was passed,
and, in accordance with its provisions, Gov
ernor Hoffman appointed q respectable and
competent commission, consisting of sixteen
democrats and sixteen republicans, who prose-
cuted their labors with great diligence, ability
and intelligence. This Commission availed
1867, recorded in dozen or fifteen printed
volumes Of proceedings, reports, debates and
statistics relating to every important State in
terest With this fund of already collected
information the Commission pursued its la
bors under great advantages, and the results
are to be voted on in this election.
This brief sketch of the history of these
pending amendments raises strong primd
fdcie presumption of their merit and entities
them to at least candid examination. If all
the labor bestowed on the subject, first by the
Convention Of 1867 and afterward by the
Commission Of 1871, has produced no valua-
BILE results, how can we hope that the acknowl-
edged defects of our present constitution can
ever find a remedy? But, after all, these pro-
posed amendments must stand on their own
merits. The ablest lawyers of this city, the
Board of Aldermen, the Chamber of Commerce
and the best opinion of all our intelligent
classes, concur in . nearly unanimous ap-
proval Of the amendments. So strong body
of indorsers is entitled to great weight and
respect; but still every citizen must form his
own judgment, and his own approval or dis
approval ought to determine his vote. Our
respectable bodies we have mentioned, and
with that of the two successive Legislatures
who have indorsed the work Of the Commits
sion. But we will resort to none Of the arts
of advocacy, and simply make brief un-
colored statement of the principal features Of
the more important amendments.
1t must not be forgotten that these amend
ments are eight in number, and have no
necessary dependence on one another. Any
citizen who approves of any one of them or
any two or three of them, or any seven of
them, can vote for that one or those
two or three or seven, and against
the others. There is an opportunity for
choice and discrimination, and we should be
sorry to think there is any intelligent elector
who can find nothing to approve Of in the
whole list. We will not describe them in the
order in which they stand. but in the order of
their importance, as we estimate it.
Precedence should undoubtedly be given to
the second and third of the amendments,
which must be considered together in order to
understand their value. One of these relates
to the Legislature and the other to the Gov
ernor; but as the Legislature and Governor
act conformity in the passage of laws these
articles are appropriately classed together as
parts of the law-making power. The article
regulating the powers and duties of the Legis-
lature comprises all the best provisions of the
most recent revised constitutions Of our sister
States, particularly Illinois and Pennsyl-
vania, whose new constitutions are most
admired. One of the best fea-
lures is the stripping of the Legis-
lature of the power to pass private and
local bills, which uproots the lobby, prevents
that class of legislation for which money is
usually paid, and simplifies the character and
diminishes the number of laws Other
temptations are removed out of the way Of our
lawgivers Instead Of the pitiful compensa-
ton of three dollars day. which is only two
thirds as much as the members pay for hotel
bills and is constant temptation to the
lower grade Of members to recoup themselves
by illegltimate gains-instead Of this con-