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The New York Convention

The New York Convention image
Parent Issue
Day
24
Month
October
Year
1846
Copyright
Public Domain
OCR Text

The BufTiIo Pilot contains the ncw Consiitulion of tho State, ns approved by the Convention, and submiitcd to tiio peoplo for rojectionoradop tion. As this was tho Convention of a great State, embrncing in iis list of niembers many pininont men, nnd ns tho ii.il nencc of New York is feit very considerable in our own lcjrislaiion, uir readers mny bo intcrested in sundry provis ions of (lint document. Wo will notice a few points. ns thcy occur iirreading it. A jury may be waived in nll civil caaes by the pariies, in a manncr to be prescribed by lnw. A good provisión. No person shall bo rendered incompetent to be a witness on nccount of his opinions on inntlera of religieus belief. Right ngain. In all criminal prosecutions or indictments for libel, tho truth may bc given in evidencc to t jury : and if it shall appenr to Ihe jury that the matter charged as libelouf is truc and is p'ill.hed with go od motives and justifinhlo ends, thn pirty shall be acquitted: and the jury shall have the right to determine the Inw and the f et. The assem of two-thirdu of ihc members elocted to encli branch of the Lcgislaturo, shnll bc required toevery bill approptïating public rroneys or properiy for local or privaie purposes. The Legishtture are required at thcir ilrpt session afler the r.doption of the Consttitution, to nppoint three Commissioners whoso duty it slinll bc to reduce to a written and systematic codo thewhole body of laws of iho State, both common and sintute, and report to the Legislnture. This is an excellent provisión, and it isa greot step towarda salutary chnnge. It prcsuDposes that the common law may be altered for the better in its form and ehapc. as well ns ita provisión? ; a supposiiion that the body of tho Inwyers ha ve practically been unwillingio admit. This revisión, whether it be in tself much better than the oíd codo or not, will bring tho whole matter before the people, from whose hands it has alwnysbeen kept, and thereby prove the entering wedge to any amount of radical chango ihat mny be desired. If wc remember rightly. Gov, Maaon. of this Siate,once proposcd to thn Legisiature a similar revisión of the Coinmon Law : bat neithcr they nor the people v.crc then preparad for it. RiGHT OP SCFFRAGE. Evcry male cit'zon of the nsre of twenty-one ycars. who ehall hnvebeen a citizen for ten doya, nnd nn inhabitnnt of this State oneyear nextprecertinzany clection, and for the last four months a resident of the countr where he may offer his vote, shall be entitled 10 vote nt uch clcciion in tho elcction district of which he shall at the time be a resident, and not etacwhere, for a!l oflicera thntnow are or herenfter may be elective by the people; but such citizen choll have been forthirty daye ne.xt preccding the election, a resident of the diatnei from which the offlcer is to be chosen for whom he ofFjrs his vote. But no man of color, unlesa he ehall havo been for three years a citizen of this State, and for one year next preceeding any election shall have been eei.cd and posscsed of a frechold estáte of the valueof two hnndred and fifty dollars, over and above nll debts and incumbrances chnrged thereon. and shnll have been actually rated and paida tax thereon. shall be entitled to vote at f neb election. And no person of color shall be subject to direct taxntion unlesa he shall be eeized and posacssed of such real estáte as aforesaid. But a provipion wno made for submitting the question of Colored Sufirnge to the people by c separate vote, osflpecilied in the following resolution of the Convention : ['Resolved, That at the next genernl election. at the 3ame time whon tbc votes of the elector? shall bc tnken for ihc trdoption or rfjection of the amended Consiitufion, the adJitional air.endment in the words following : " 1. Colored male citizens, possessing thp qmlifications required by the firet ssetion of the secjn:! article of the Cons'Jtutinn, other thnn the properiy (junlificntion. sh-ill have the right to vote for all officers that now ore, or herenfter may bc, clective by the pcojile nftcr tho firet day of Januory, 1847." ShiSi bc Bepa-fitely eu!mitterl to the electora of this Stnte fut their adoption ; or rejcction, in iho form following, to wit ; A separate ballot mny be given by cvery person havinc the right to vote for the amended Constitutiop, to be deposited in a separate box. Upon the tallots civon for the ndoption of tlic said Foporntc nn-endüient, shall be writlcn or Drintrd, or partly written and partly printed, the worls. "Equal snfTrago to colored persons ? - Yes." And upon 'bc balJois given against the adoption of the said sepurate amendment, in like manner. the word?, 'Equnl aufTrage to colored persons? - No." And on such ballots shafl bo written or printed, r parily writion and partly printed, the worda, ' Consiitiition : Su (Trace." In euch manner thnr sucli words shnll appear on the outsido of such ballot wheñ foldod. If, nt the said olcciion, a majority of all tbf vo'cs given for nnd agninsi t!ic said eeparate nnicndmcnt shnll contain the words "EqmlSulfrago to colored persons 1 - Yes," then the said separate atnrridinent. nfter the first day of Janti■iry. 1H!7, thall he a eeparate eection of article Rt-cond of tho Constitution, n lorce and eflect, any thing contained ín the Constitution to the conlrory notwithstanding. These provisions of the new Constitution will be cited by postori'y an hundred and fifty ycars hencc, as the old Blue Laws of Connecticut now are, aa curious evidences of the barbarism, foolish prejudice, and narroness of views and fcelings possessed by thcir venerable anecstors in 1846. It seemsjhnwcver, that f colored men are not to be üllowed to tole, thoy are not lo be taxcd - thus dircctly acUnowledglng tho great principie contended for the Revolutionary prtriotSjthat toxation nnd representation onght to bo inseparable. - Whether th#nmendment granting suiTrage to all colored pcisone will bc carriod by the popular vote, is conside'.cd very doubtful. A largo portion of the hghest ond of thelowcst classes of society will strenuously oppoee it.