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.
Enter page number
PreviousNext
Page 195 of 277
Words from 100570 to 101087
of 143277