The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-04-29

IN. p..,rsr,,,.. OF s,s rlsu, ..a Hsv n
VrarHsS FOE rorty Ysaru.

wsrkss FOE For,y Yssr-.
The near approach Of the time for holding
,he constitutional Convention In Albany has
.v.tepsd public interest IN the subject Of
con.,itution making. The people Of the State
a, Nav York lived for nearly half century
n,dsr Constitution which was framed In the
do,k DAYS OF the Revolutionary struggle. IL
so the work Of the distracted and fugitive
colonial body OF 1777. The plan and workings
o,tbts institution will always be an interest
ing theme.
The Constitution Of 1777 gives the reason.
for ns establishment. and bears internal and
unmistakable evidence OF . revolutionary
period, but no untried or impracticabls
schemes are found therein. The times did
not admit OF experiment. The colonial Gov
srnor becomes the State Governor The colo
NAL Assembly becomes the Assembly Of the
state OF New York. and. together with Senate
possesses the supreme legislative power In the
judicial system the colonial Supreme Court OF
common Law and the Court OF ChancerT are
recognized as existing institutions. and
over them q court OF final resort. OF
which the State Senstors we're to form
a majority. was created. modelled upon
the English system. The common sense
oilaymsn was thought necessary TO Offset the
refinement and technicslity Of Law. but ssso-
einte0 with tn6m WeEo Nho OnhuCetiOE huu tu0
Justices OF the Supreme Court. on the theory
that the opinions aud consultations Of the lat
ter. like those Of the Law lords Of the British
House OF Peers. would be Of the highest value.
Equity appeals were to be heard By Senators
and Supreme common law judges: common
law appeals By Senators and the Chancellor.
Three departments OF government we're thus
recognised; but nowhere 10 found the state
mept 90 common TO the earlier Constitutions
Of other States. that the legislative. executive.
and judicial powers ought to be forever sep
arate and distinct from each other. With good
reason was the statement omitted.
In the domain Of lAw-making council Of re-
vision was established to which were pre-
sented bills Of the Legislature. The Governor.
ChanceIlor. and Supreme Court Judges oonsti-
tuted the council. A two-thirds vote Of the
Legislature was necessary to override the dis
approval OF y bill By the council Delicate and
Important political duties were thus cast upon
the Judiciary. and the strong concentrated
veto power Of o Governor was lost In the
divided responsibility Of q council The par
coming power was committed to the Legisla-
ture In cases Of treason or murder.
Justice was to be administered In the high
est court OF judicaturs By Senators and
Judges. As members OF the Senate. the
senators voted for or against laws declared to
DO unconsutu.oh"" 40 neoes VI s"e
Council OF Revision. the Judges had passed
upon the constitutionality Of q law. Thus
from nscsssity, proud ssd . case Involving the
f iSTsSnats HSasndlna Of dersns pcwes. ~ M
>. IN. great mass Of edminlstrative and
iiaSsise tSsIs sppointmens from soSncii com.
posed OF the Governor and four Senators. each
q whom by sss acs S:s thas
office for short terms. or at the Will OF the ap.
1S sas,. the 6a"I %Sa ss 1d
Sdurine rood behavior"
:ss s.ns four ;.. .as ., y e:
ss;s to possess 'sf'ias 1isS
ss e Il. y e
gsss the p nsd *. c
SsSs :, .ai soS
Without diseriminstion or preferences was to
s;;IISS!Ss'of allowed within The State to ali man
.osne stf Sy . II soanss ana iorSidGns
mon oOi law. Trial By jury was to remain inyio-
ssse bS the hw Of the land or the ipdRmsnt Of
@ 8: .I X. had SsS 81
e 81 s .ss
within the eOntsmp lstion o. The trainers Of re
only com munities bearing the name OF city
Steam and electricity were then 10 the
tons. IN the modern sense. were unknown.
There existed. however. religious, sdpca-
spirit Of justice ana conssfvstism q. 6on.ti::
shall be construed. TO affest any charters 10
bodice polite mad. BY the Rings Of England;
the past, and cannot anticipate the future.
Such 10 the general outline OF the nrst Con-
Stitution Of the State Of New YORK. It IL
hardly necessary to say that II was not sub
Il bosrs. Kingston. April 20. It'll" unfolds
10 us Al once its history. though the meagre
sad traditional details that have come down
The workings Of this Constitution were hrst
Exhibited under unfayorable conditions.
George Clinton was chosen as Governor at o
General election held In July, 1777. The frst
Sssslon OF the Legislature was held at Hinge
bon In ssptsmbsr, 177I The members from