, 1877-05-13

CHARLES OC0NOR ON CONSTITUTIONS.
The veteran CHARLES OCoSon, like one
risen from the grave, delivered lecture in
New York q few days ago before the Historic
al Society in celebration of the one hun
dredth anniversary Of the adoption of the
original Constitution Of the State in April,
1877. Since then New York has had two
Constitutions adopted in 1929 and the
other in 1S4G-and several notifications in
the shape of amendments. Tho historical
part Of Mr.. O'CosoR's lecture naturally con-
tained good deal that WINS Of interest and
vnlue. New York may well take pride that
hers was the only early Constitution except
Virginia's which fully recognized tho princi-
pie Of religious liberty as it is now under
stood throughout the entire nation, though
even then small class Of unbelievers were
excluded from giving testimony in the
courts until the restriction Was removed by
the Constitution Of 1876. There hare been
"a good many important changes in the or
ganic law. At first the Governors pardoning
power did not extend to the crimes of mur
der and treason; there was also Council
for making appointments to office, and an
other for the revision Of Legislative acts,
with qualified veto,-both Of which
we're subsequently abandoned. The original
Constitution required that all who voted for
Governor and State Senators should be DOG
acssed of freeholds to the value of s1Oo over
and above incumbrances and those voting
for members Of the Assembly should have a
freehold in the county of EGO in value. or
pay rent of 10 shillings per annum; these
property requirements were reduced but not
abandoned till the Constitution of 1876. It
Was this Constitution also which established
the district system Of electing the Leeisla-
ture, against which Mr.. O'CoNon directs a
good deal OF criticism as "destructye Of
consultation and comparison of
views among the electors, and as preventing
the enforcement Of sufficiently long resi-
dence rs qualification for voting; he holds |
that registered residence in the district Of !
one year should be exacted as qualifyin for
The exercise of suffrage, and that al1 voting
should be u'pa uoce, the voter writing out and |
agning his ticket. It was not till 1874 that
New York adopted constitutional amend
nent prohibiting special legislation on Ger
ain subjects, and following pretty nearly
he same enumeration that the Illinois Com
titutional Convention of 1870 had adopted.
Passing from the historical part of the
ecture, Mr. O'CoNoR's suggestions are en-,
irely novel, and they will scarcely command
he general acquiescence which his utter
noes on law and law-making have usually
eceired. His theories are based on the as
ertion that, while theoretically every State
los three coordinate and independent
ranches in the Legislature, Executive, and
Judiciary, there is in fact but one,-the Ex-
cutive simply carrying out, and the Ju-
iciary making rything conform to, tho
mandates of the Legislature. He suggests
lat Constitutions should be simple, and j
ate only the general principles Of unwrit- t
n law, and that the Legislature, being first {
'duced to one body, should enact only gen. i
al laws resembling what are now known .
constitutional amendments But. in q
:der to curtail the powers of the Execu- ]
ve which would naturally result from r
Ioh system, he suggests TINT tho /
kecutlEe should not be elected, but |.
at the Office should bs filed By lot q
CRY month from the representative BODY. Il
'lding that the brevity of the term vould r
event serious mischief from incompetency c.
corruption. He would apply this system e
both National and State Governments, so | il
at the country would have new President
ID every State new Governor at the be-. n
nnlng OF every month. This is Mr.. 4
coSoRsplan Of getting rid of the great polit- b
u prize which he believes to be the main. y
ring Of the chief partisan conspiracies and s.
periodical election broi1s that are con. tr
'nuy menaclng the Republic. But his bi
N can scarcely DO contemplated without at
nolud1ng that his remedy is worse than the 81
ease. He believes that the possibility that al
sFy member elected to tho National Legis- di
are may become President, and every Fl,