New York Constitution - Constitutional Convention of 1867-1868

Constitutional Convention of 1867-1868

According to the Constitution of 1846, twenty years after its elaboration the electorate was asked if they wanted a constitutional convention to be held, which was answered in the affirmative at the New York state election, 1866 with 352,854 votes for, and 256,364 against the convention. On April 23, 1867, the delegates were elected, and the convention had a small Republican majority. The convention met in June at Albany, New York, adjourned on September 23, met again on November 12, and adjourned again in February 1868. Afterwards the draft was discussed in the New York State Legislature for another year and a half, the questions being if to vote for the whole Constitution or separately for some or all articles. In the end, the new Constitution was rejected by the voters at the New York state election, 1869 with 223,935 votes for and 290,456 against it. The Republicans advocated the adoption, the Democrats the rejection of the new Constitution, and by 1869 the Democrats had a majority in the state. Only the "Judicial Article" which re-organized the New York Court of Appeals was adopted by a small majority, with 247,240 for and 240,442 against it.

William A. Wheeler presided. Waldo Hutchins, George Opdyke, George William Curtis, Horace Greeley, Ira Harris, Martin I. Townsend, Charles Andrews, Charles J. Folger, Augustus Frank, Augustus Schell, Henry C. Murphy, Homer A. Nelson, George F. Comstock, Sanford E. Church, Marshall B. Champlain, Elbridge T. Gerry, Gideon J. Tucker, Samuel J. Tilden, James Brooks, William Hitchman, Abraham B. Tappen, Erastus Corning, Amasa J. Parker, Edwin A. Merritt, Leslie W. Russell, Thomas G. Alvord, Horatio Ballard, Elbridge G. Lapham, Frank Hiscock, and Israel T. Hatch were among the delegates.

The changes in this version of the constitution were:

• The New York Court of Appeals was totally re-organized. Instead of eight judges, four elected statewide and four selected from the New York Supreme Court, it had now one Chief Judge of the New York Court of Appeals and six associate judges, all elected statewide.
• The Clerk of the New York Court of Appeals was not elected statewide anymore.
• The term of office of the judges of the Court of Appeals and the justices of the New York Supreme Court was extended from 8 to 14 years, and the rotative renewal (every two years one judge or justice had been elected to an 8-year term; in case of a vacancy, a special election was held to fill the remainder of the term only) was abolished. Instead, vacancies were filled as they occurred (by death, resignation, or term expiration), always to a full 14-year term.