The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-05-02
New fork's Constitution,

To THE EDITOR OF THE SuN-Sir: In no can
tious spirit but for the sake OF clearness al
low careful student OF New YorE's constitu-
tional history to state important facts which a
communication on that history In your issue
OF to-day omits.
The State Constitution was formed In 1777,
during the confusion OF civil war and reyolu-
tion. The rebel Congress" as King George
and his supporters called 1t. was chased from
place to place By loyalist troops. and its ses-
sions were thus repeatedly broken UP. There
was not chance nor time for deliberate and
discreet organization Of q new republic. nor
was there opportunity to submit the proposed
Government to the peoples vote. That Gov
eminent and the Constitution regulating 1t
were established BY force and arms. and n OF till
1921 did the people have a chance TO revise
them. Hence. in 1777. the Congress simply
continued the existing colonial system. with
only such changes as Independence required.
Besides. the colony had always been ruled by
the landholders-the mass Of men were dis
franchised-and those landholders. in framing
the Constitution, Kept the power In their own
hands and retained as far as possible tho
courts. the. English common law and
elal Legislature. lust IS they had been.
They retained the royal Governor. making
him elective by the IN selves and from among
themselves. They retained the Governors
Council Transferring It's legislative POWERS to
ssinc Of men CHOSEN BY tS.mseiVesS eHn
large laudholders- from among them
selves The other powers OF the Council they
vested In Councii OF APPOINTMENT. comDo-ed
OF msmh ers OF their own class aud Council OF
REVISION; similarly made up: hut as a matter
sent to the legislature from the first mes
sages IRON the Governor. over his signature;
prosperous mechanics against the King aud
the Tories, the landholders gave them vote
ior members OF Assembly, which body IN 70
with the Governor and senate chosen by the
landholders. the poor men had very little
Court Of Errors consisted mainly. Ike the
Houss OF Lords, Of great iaRdholding Senator'S.
The first Legislature after the Constitution
was formed Passed a law DISTINGUISHING The
royAlistS, making other additional Teguirs.
Isnss Tor ySting ana rT1mltsS 1at,iSsh
message, claiming that the Legislature could
not do this; tut the senators. VIII" were the
ruled him, and the bill became a law.
In l7si. At the instances Of John Jay aud
Legislature. They returned To New York in
such numbers that they DUTY oted the patriots
one"anS cot intro Of me Goyst n Thsy
kept their hold iii the transcendent political
genius OF Aaron Burr uusted them. and then
thousands more work men aud tenaut farmers,
overwhelmed them and made their return o.
Constitution was held that same year tlSOl
OF which Burr. Vice President and Attorney
General. was President; but that Convention
dit not deem IL necessary to amend the Con-
stitutlon to enable all these new persons 20
vote In fact. that convention ltsei WAS elect
ed largely By men whom tho Legislature had
expressly enabled to vote therefor
In 1927 the errors made In the confusion and
haste Of l77I had become glazing; but the
landholdiRg elass. led by GOV, Do Witt Clinton.
we're strong enough 10 hold control Of the
Legislature and courts iii then. In fact. the
sole way the Legislature OF that year which
for once contained ~ majority adverse to that
class. could lind TO Gust them from power was
TO enable another great mass OF work men TO
vote on holding revising Convention. for del
egAtes thereto. aud on adopting he amend
mentS Inc votes Of these men. enfTau chised
b. the Legislature, turned the scale and passed
frAge to themselves.
The most important point herein is that New
York has never had but one Constitution. The
Conventions OF 1901. 1921. and 1876 had no
authority TO make q new Con stitutlOn. only TO
propose am endmsnts to the existing one. Nor
has the approarhtng one power TO make new
Constitution. only 10 propose amendments. Ia
some directions these facts have vital effects
April - HAMILTON NILLCoX.