An Arbitrary Line May Be
Drawn, But That Arbitrary Line, Though Perhaps False When Drawn As
Including Too Much, Soon Becomes More False As Including Too
Little.
Ealing, Acton, Fulham, Putney, Norwood, Sydenham,
Blackheath, Woolwich, Greenwich, Stratford, Highgate, and Hampstead
are, in truth, component parts of London, and very shortly Brighton
will be as much so.
CHAPTER XV.
THE CONSTITUTION OF THE STATE OF NEW YORK.
As New York is the most populous State of the Union, having the
largest representation in Congress - on which account it has been
called the Empire State - I propose to state, as shortly as may be,
the nature of its separate constitution as a State. Of course it
will be understood that the constitutions of the different States
are by no means the same. They have been arranged according to the
judgment of the different people concerned, and have been altered
from time to time to suit such altered judgment. But as the States
together form one nation, and on such matters as foreign affairs,
war, customs, and post-office regulations, are bound together as
much as are the English counties, it is, of course, necessary that
the constitution of each should in most matters assimilate itself
to those of the others. These constitutions are very much alike.
A Governor, with two houses of legislature, generally called the
Senate and the House of Representatives, exists in each State. In
the State of New York the Lower House is called the Assembly. In
most States the Governor is elected annually; but in some States
for two years, as in New York. In Pennsylvania he is elected for
three years. The House of Representatives or the Assembly is, I
think, always elected for one session only; but as in many of the
States the legislature only sits once in two years, the election
recurs of course at the same interval. The franchise in all the
States is nearly universal, but in no State is it perfectly so.
The Governor, Lieutenant-Governor, and other officers are elected
by vote of the people, as well as the members of the legislature.
Of course it will be understood that each State makes laws for
itself - that they are in nowise dependent on the Congress assembled
at Washington for their laws - unless for laws which refer to
matters between the United States as a nation and other nations, or
between one State and another. Each State declares with what
punishment crimes shall be visited; what taxes shall be levied for
the use of the State; what laws shall be passed as to education;
what shall be the State judiciary. With reference to the
judiciary, however, it must be understood that the United States as
a nation have separate national law courts, before which come all
cases litigated between State and State, and all cases which do not
belong in every respect to any one individual State. 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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