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VOL. XVIII.

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THE present Constitution of the State New-York was adopted at a time when the subject of Constitutional Sciface was very imperfectly understood, And when but few of our public men had ufficient confidence in the theory of opalar sovereignty to abandon themsives freely to the policy which it dicsted. Since then, the political expert ace of this state has been exceedingly in tructive more so than that of any other the confederacy-and all classes of er people have become fully impressed with the wisdom and entire practicadity of a style of legislation, which in 21 was generally esteemed visionary ad disorganizing, which was appreciaat by very few of our public men, and these, scarcely one had enough faith its adaptation to our society, to press adoption.

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

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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 instructive-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 imTo meet this debt, proving old canals. 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 This suspended the public works. 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.

in the words of the memorialists, "if the Legislature shall decline to propose such amendment of the Constitution, then we ask that a Convention of the people of this state be by law called to revise and amend the Constitution." This memorial was headed-we believe it was also written-by Mr. Hoffman, and was subscribed by several of the soundest and wisest Democrats in the state.

At the rising of the Legislature, in the spring of 1843, it had become apparent to the reformers, that they could place no reliance whatever upon the Legislature, and that the alternative of a Convention, presented by the Herkimer memorialists, was now the only process of relief worth laboring for. To this end, therefore, every energy was bent during the summer and fall following. Immense meetings were held at Albany, and in the city of NewYork, and county meetings were held at different points throughout the state, the common sentiment of which was, the absolute necessity of a Convention for Constitutional Reform. The public press took up and propagated the enthusiasm. Associations for Constitutional Reform were organized, and the doctrines of the reformers were made welcome wherever they were announced.

It was during this summer that the cause of reform received a new accession of strength from the friends to the cheap and prompt administration of justice. For several years the delays and expense of litigating a suit in our state courts had been quite intolerable. The Supreme Court, the Court of Errors, and the Court of Chancery, were completely choked up with the accumulated business of from three to five years, and a suit commenced in one of the County Courts might be protracted by either of the litigants without difficulty, from seven to ten years, before it could be forced to a final decree in the Court of last resort.

It may naturally be supposed that the people and the lawyers, who are alike the victims of these unnatural abuses, were aroused by the prospect of a Convention, in which, among other things, the judicial organization of the state might be repaired and adapted to the uses of a civilized community. The

same prospect likewise invited various other reforms which, however, were subordinate to those we have designated, but which we shall have occasion presently to notice more in detail.

When the Legislature again assembled in the winter of 1843-44, it was found that this Convention movement was no longer the vagary of a few impracticable abstractionists, and those whose judgments, interests, or timidity advised against the measure, felt that the sentiment which gave it impulse must be propitiated before it could be resisted. A series of amendments to the Constitution was accordingly introduced by the enemies of the Convention, which passed both Houses of the Legislature, embodying substantially the guaranties of the people's resolution, and having an apparent tendency to relieve the judiciary.

The first amendment, proposed to adopt the policy enacted in the law of 1842, providing for the payment of the debts and preserving the credit of the state.

The second adopted the spirit of the people's resolution.

The third provided for the appointment of three additional Chancellors. The fourth provided for two additional Supreme Court Judges.

The fifth, that no officer should be removeable by the joint resolution of the two houses, without having an opportunity of being heard upon the charges made against him.

The sixth, that no property qualification should be required to render a person eligible to any office or public trust.

During the same session a resolution was introduced into the upper house by Senator Porter, instructing the Judiciary Committee to report a bill to submit the question of Convention or no Convention to the people at the next general election.

It was not adopted for various reasons. The first was, that several of the delegates betrayed their constituents, and the second and most controlling reason was, the indisposition of the members of the dominant party to embarrass the then approaching Presidential canvass with a measure which might have perilled a result towards which the Democracy of the state were then looking with legitimate feelings of

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