But at the present moment
liberty of speech and of the press is utterly abrogated in the
State of New York, as it is in other States. I mention this not as
a reproach against either the State or the Federal government, but
to show how vain all laws are for the protection of such rights.
If they be not protected by the feelings of the people - if the
people are at any time, or from any cause, willing to abandon such
privileges, no written laws will preserve them.
In Article I. Sec. 14, there is a proviso that no land - land, that
is, used for agricultural purposes - shall be let on lease for a
longer period than twelve years. "No lease or grant of
agricultural land for a longer period than twelve years hereafter
made, in which shall be reserved any rent or service of any kind,
shall be valid." I do not understand the intended virtue of this
proviso, but it shows very clearly how different are the practices
with reference to land in England and America. Farmers in the
States almost always are the owners of the land which they farm,
and such tenures as those by which the occupiers of land generally
hold their farms with us are almost unknown. There is no such
relation as that of landlord and tenant as regards agricultural
holdings.
Every male citizen of New York may vote who is twenty-one, who has
been a citizen for ten days, who has lived in the State for a year,
and for four months in the county in which he votes. He can vote
for all "officers that now are, or hereafter may be, elective by
the people." Art, II. Sec. 1. "But," the section goes on to say,
"no man of color, unless he shall have been for three years a
citizen of the State, and for one year next preceding any election
shall have been possessed of a freehold estate of the value of 250
dollars, (50l.,) and shall have been actually rated, and paid a tax
thereon, shall be entitled to vote at such election." This is the
only embargo with which universal suffrage is laden in the State of
New York.
The third article provides for the election of the Senate and the
Assembly. The Senate consists of thirty-two members. And it may
here be remarked that large as is the State of New York, and great
as is its population, its Senate is less numerous than that of many
other States. In Massachusetts, for instance, there are forty
Senators, though the population of Massachusetts is barely one-
third that of New York. In Virginia, there are fifty Senators,
whereas the free population is not one-third of that of New York.
As a consequence, the Senate of New York is said to be filled with
men of a higher class than are generally found in the Senates of
other States. Then follows in the article a list of the districts
which are to return the Senators. These districts consist of one,
two, three, or in one case four counties, according to the
population.
The article does not give the number of members of the Lower House,
nor does it even state what amount of population shall be held as
entitled to a member. It merely provides for the division of the
State into districts which shall contain an equal number, not of
population, but of voters. The House of Assembly does consist of
128 members.
It is then stipulated that every member of both houses shall
receive three dollars a day, or twelve shillings, for their
services during the sitting of the legislature; but this sum is
never to exceed 300 dollars, or sixty pounds, in one year, unless
an extra session be called. There is also an allowance for the
traveling expenses of members. It is, I presume, generally known
that the members of the Congress at Washington are all paid, and
that the same is the case with reference to the legislatures of all
the States.
No member of the New York legislature can also be a member of the
Washington Congress, or hold any civil or military office under the
General States government.
A majority of each House must be present, or, as the article says,
"shall constitute a quorum to do business." Each House is to keep
a journal of its proceedings. The doors are to be open - except
when the public welfare shall require secrecy. A singular proviso
this in a country boasting so much of freedom! For no speech or
debate in either House, shall the legislator be called in question
in any other place. The legislature assembles on the first Tuesday
in January, and sits for about three months. Its seat is at
Albany.
The executive power, Article IV., is to be vested in a Governor and
a Lieutenant-Governor, both of whom shall be chosen for two years.
The Governor must be a citizen of the United States, must be thirty
years of age, and have lived for the last four years in the State.
He is to be commander-in-chief of the military and naval forces of
the State, as is the President of those of the Union. I see that
this is also the case in inland States, which one would say can
have no navies. And with reference to some States it is enacted
that the Governor is commander-in-chief of the army, navy, and
militia, showing that some army over and beyond the militia may be
kept by the State. In Tennessee, which is an inland State, it is
enacted that the Governor shall be "commander-in-chief of the army
and navy of this State, and of the militia, except when they shall
be called into the service of the United States." In Ohio the same
is the case, except that there is no mention of militia. In New
York there is no proviso with reference to the service of the
United States.
