The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-12

cept in cases Of invasion, nsurrection, or the pub
lie defence. They shall contract no debts other
than for the purposes above mentioned, unless pro-
vision be nude In the law authorizing such con-
traction for the levying and COLLECTION OF TAX
sufficient TO pay the interest stipulated, and 70 dis
charge the debt within - years; nor shall such
act lake effect until 1t shall have been submitted
to the people at general election, anu nav. re-
against 1t. They shall Pass no law embracing
more than one subject, which shall be clearly ex-
presssd in the tItle. They shall pass special
laws for individual benefit, unless by majority OF
Nv O. thirds OF each house.
You will see that all these great reforms and
restrictions upon the debt-crsatng power the adop
ton of which IN The State OF New York, has cle-
waited and sustained the public credit, here
adopted IN modified form. The prohibition of
the legislative power TO divorce, has been almost
unanimously demanded by the public sentiment.
To such an extent has the Legislature exercised
this power IN years past, that II has deeply excited
the public indignation. One hundred or more d.
vorce bills would be passed in the course of
session. and, In fact, the favor had only to be asked
10 be granted And not even the asking was re-
CURED; tor last wlnter the House Of Representa-
tves, In spiiit OF tro'ic passed bills dlvorcng all
the iunctionaTes OF the State and general govern
ments. Men who went away from home, sup
posing themselves connected indssolubly In the
bonds OF mstrmony, were often surprised Il will
mol say gratlied) their return to lind the work
oil separation half completed The Senate. how
ever acted as N check in this particular, although
without the shadow OF respectable resson
Therefore the convention will undoubtedly conhae
the right to exercise this power, hereafter 10 the
courts.
The Committee on General Provisions have
reported three articles, embodyng the Bill of
Rights, az declared in the present constitution,
and provisions in regard to duelling oaths of
office, &c. The section In regard TO duelling Is
as follows-
Any person who shall, after the adoption Of this
constitution either directly indirectly give accept
or knowingly carry, challenge to any person per-
to fight In single combat otherwise. with any
deadly weapon either In out OF this State shall
profit in this Comm wealth. aud shall be punished
otherwise in such manner Is shall be prescribed BY
law"
Every officer, before entering upon the duties of
his sfce shall be obliged 10 swear that he has not
violated the above provision since the adoption OF
the present constitution, and that he will not vlo
late II during his continuance IN ohce. THIS, you
Will observe, IS manifest Improvement on the pre-
sent constitution, the adoption ct which Will go Tar
towards checking the taste tor duelllng which ex-
lists TO so great an extent In Kentucky. The Legis-
la,urc also empowered TO provide by law IN
what manner, and in what courts, suits may be
brought against the Commonwealth. This | be-
heve IS an Improvement ON the practice IN New
York, where suits cannot, If ! am correct, be
brought against the State, IN Its own courts.
As the extent to which the rights of free discus
and The liberty Of the press guaranteed, may
be at interest your readers of the North, view
OF the emancipation agitation, ssboin the provi-
Tbat printing presses shall be free TO every person
Who undertakes TO examine the proceedings OF the
Lsgisxture any branch OF government, And no law
shall be made to restrain the ght thereof The
alton Of thoughts and opinions 10 Of
the invAusble rights of man and every otisen may
freely fpsak, write. and pruf on any subject. being
responsible for the abuse Of that liberty.
In ions for the publication Of papers inve,t
GATH the official conduct Of officers men in pub
lie capacity, or where the matter Published proper
for pubic iEforp the truth thereof be given
in evidence; and ia all Indictments for bss the jury
"A
the dir, elton II the court in other cases"
Most Ut the committees have now reported, and
their reports confirm what have previously adj
yised yOu-that the new constitution wsud be
fully IN accordance with the radical and demo-
cratic tendencies Of The age.
The Convention, to-day, should not omit to say,
have actually proce eded far IN their abor- n
10 adopt one article Of new constitution. TINS
IL the provision the present constitution, distri
buiing the functions of goverDm INT among three
departing nts-executive, legislative and judicial.
IL IL brick by brick that the house is erected, and
this Is the only consolation that those who
locking forward 10 a speedy termination of the
laboTs OF the convention may derive from this fact.
II is at least The FIRST stone, not the corner one,
IN The constitutional edfce.
The present topic If consideration in tn. Con-
venton is the article relation TO the county oii-
GERS. ministerial asd executive. 1t is radical
enough, in all conscience, SO far as the elective
principle IL concerned, as It provides for the eec-
non OF all officers, even down to the ceunty
jaIor.
The weather continues TO be OF the most delight
ful character, except that in the middle OF the day
II is somewhat oppre ssivey warm. SIMON.
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