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.
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