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.
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