North America - Volume 1 By Anthony Trollope 




















































































































































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In A Subsequent Chapter I Will Endeavor To Explain This More Fully.

In endeavoring to understand the Constitution of the United States, it is essentially necessary that we should remember that

We have always to deal with two different political arrangements - that which refers to the nation as a whole, and that which belongs to each State as a separate governing power in itself. What is law in one State is not law in another, nevertheless there is a very great likeness throughout these various constitutions, and any political student who shall have thoroughly mastered one, will not have much to learn in mastering the others.

This State, now called New York, was first settled by the Dutch in 1614, on Manhattan Island. They established a government in 1629, under the name of the New Netherlands. In 1664 Charles II. granted the province to his brother, James II., then Duke of York, and possession was taken of the country on his behalf by one Colonel Nichols. In 1673 it was recaptured by the Dutch, but they could not hold it, and the Duke of York again took possession by patent. A legislative body was first assembled during the reign of Charles II., in 1683; from which it will be seen that parliamentary representation was introduced into the American colonies at a very early date. The Declaration of Independence was made by the revolted colonies in 1776, and in 1777 the first constitution was adopted by the State of New York. In 1822 this was changed for another; and the one of which I now purport to state some of the details was brought into action in 1847. In this constitution there is a provision that it shall be overhauled and remodeled, if needs be, once in twenty years. Article XIII. Sec. 2. "At the general election to be held in 1806, and in each twentieth year thereafter, the question, 'Shall there be a convention to revise the constitution and amend the same?' shall be decided by the electors qualified to vote for members of the legislature?" So that the New Yorkers, cannot be twitted with the presumption of finality in reference to their legislative arrangements.

The present constitution begins with declaring the inviolability of trial by jury, and of habeas corpus - "unless when, in cases of rebellion or invasion, the public safety may require its suspension." It does not say by whom it may be suspended, or who is to judge of the public safety, but, at any rate, it may be presumed that such suspension was supposed to come from the powers of the State which enacted the law. At the present moment, the habeas corpus is suspended in New York, and this suspension has proceeded not from the powers of the State, but from the Federal government, without the sanction even of the Federal Congress.

"Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press." Art.

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