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THE present Constitution of the State of New-York was adopted at a time when the subject of Constitutional Science was very imperfectly understood, and when but few of our public men had sufficient confidence in the theory of popular sovereignty to abandon themselves freely to the policy which it dictated. Since then, the political experience of this state has been exceedingly in structive-more so than that of any other in the confederacy-and all classes of her people have become fully impressed with the wisdom and entire practicability of a style of legislation, which in 1821 was generally esteemed visionary and disorganizing, which was appreciated by very few of our public men, and of these, scarcely one had enough faith in its adaptation to our society, to press its adoption.

From these circumstances, and from the multitude of reforms already projected, we have reason to presume that the result of the labors of the Convention soon to sit in this state, will be rather a new than an amended Constitution, unless the wishes of the

people are grievously misrepresented by the delegates they have commissioned.

In reviewing the history of the late Reform movement in the State of NewYork, however, it is worthy to be borne in mind, that it originated in one single cause-the improvidence of the Legisla ture in contracting debts on behalf of the state. Though the wretched inefficiency of the judiciary and the corrupting influences of executive patronage had for a long time been creating a public sentiment which, sooner or later, must have found expression in the fundamental law, and though their reform have since become paramount to every other in importance, yet in connexion with those abuses had no Constitutional Reform been suggested, until after the state had been threatened with bankruptcy, and the people had been invoked in various quarters to provide by constitutional guaranties against the impending calamity and disgrace. To realize the depth of the present popular movement, therefore, and the extent of the grievances of which the people of New-York complain, it is

* Democratic Review, April, 1846.

necessary to look especially to the financial history of the state for the last ten years.

The aggregate debt of the State of New-York in 1842, amounted to $28,000,000 and upwards, most if not all of which was contracted subsequent to 1836. This debt arose partly from advances to banks-partly from improvident loans of the state credit to railroad companies, and partly from enormous expenditures in building new and improving old canals. To meet this debt, together with the other necessary expenses of the state, required an annual levy of $10,500,000 to be made upon 2,500,000 of people-a tax of $4.20 for each man, woman and child in the state.* While the state was borne down by this oppressive taxation, the government was urging on the appropriation of yet larger sums for kindred purposes, upon the plea that the returns from these works would sink their cost before they were to be paid for, and ultimately would prove a source of revenue to the state. The cost of the public works in progress, with those which were in contemplation in 1842, would have raised the debt of the state inevitably to $75,000,000 and upwards, requiring the payment of an annual interest of at least $4,500,000.

As early as February, 1841, Mr. Loomis, a Democratic member of Assembly from Herkimer County, brought before the Legislature a proposition which had been agitated for some two years in his county, and which is now generally known throughout the "state under the title of the " People's Resolution." This resolution provided for amending the Constitution in such manner, as to require that every law creating a state debt, except in cases of invasion or insurrection, should be submitted to the popular vote at a general election. On the 19th of May, 1841, this resolution was first brought to a vote, and 53 voting in the affirmative, and 53 in the negative, it could not be submitted to the succeeding Legislature for ratification, pursuant to the provisions of the Constitution.

During the same session, and in the

same body, Michael Hoffman, also a Democratic delegate from Herkimer County, presented an elaborate report upon the financial condition and prospects of the state, which he accompanied with a bill intended to protect the credit of the state, and providing, among other things, for the suspension of the public works. This bill, with only some slight modifications, became a law, during the following session of 1842. During the same session, the "People's Resolution" was introduced, and was lost by a vote of 55 in the affirmative, to 49 in the negative-55 being less than a majority of the whole body.

The act suspending the public works, and providing by taxation for the maintenance of the state credit, awakened unusual energy in both of the great political parties during the spring and summer of 1842; and at an extra session of the Legislature, convened in August, for the sole purpose of districting the state for the choice of members of Congress, W. H. Seward, then governor of the state, presented a special message to the Legislature, in which he called upon them to rescind the law of the preceding March, which suspended the public works. This subject received an animated discussion in the Assembly, and was the controlling issue at the following fall election, which resulted in a Democratic majority of more than 20,000.

It was reasonably to have been expected, that so decisive a vote would have secured for Mr. Loomis' amendment, or for some provision similar to it, prompt admission into the Constitution. It was not, however, so ordained. It was when their failure for that session was apparent to the friends of reform; and in the month of February, 1843, that the somewhat famous "Herkimer memorial" was addressed to the Legislature, which, after stating all the grievances by which the people were weighed down, or threatened from excessive taxation, concluded with praying for the passage of a constitutional guaranty against the contraction of state debts, corresponding in principle with the resolution of Mr. Loomis—“ or,

Herkimer County Memorial to the Legislature of New-York, February, 1843.

"Act to Provide for Paying the Debt and Preserving the Credit of the State," passed March 29, 1846. -Session Laws, 1842, p. 79.

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