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 remodelled, if needs be, once in twenty years. Article XIII. Sec. 2.--"At the general election to be held in 1866, 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. I. Sec. 8. 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.