be perceived, very analogous to those of the Constitution of the United States. Indeed the latter has in a great measure been the model for all the state constitutions formed since its own adoption; and that again was formed on the best parts of the English constitution, modified and amended by the circumstance of many states united into one, the more liberal ideas of religious freedom, and personal rights, which had grown up and for many generations existed among the Colonial Institutions.

§ 477. By a comparison of this Constitution with that of the United States it will be seen;

1st. That like that of the United States, power is divided into the three departments of legislative, executive, and judicial.

§ 478. 2d. That the legislative department is likewise divided into two branches, the Senate and the House of Assembly; the former elected by larger bodies, and for a longer time; the latter more popular in its character.

§ 479. 3d. That like the Congress, they decide on the qualifications of their own members, and determine the rules of their own proceeding.

§ 480. 4th. Every bill, like the laws of Congress, requires the signature of the executive chief to become a law, and he may put his negative upon it, and unless subsequently passed by two thirds, may reject it.

§ 481. 5th. The executive, like the President, is chief of such military and naval force as the state may employ. He also has the nomination, and in conjunction with the Senate, the appointment of many important officers. Like the President, he makes recommendations to the legislative body, and takes care that the laws be executed. Like him, he may be impeached, and removed.

§ 482. 6th, The judiciary, in respect to the Supreme

Court and Circuit Courts, are alike, and so also are many other miscellaneous provisions.

§ 483. But, while there is this similitude in the forms of the constitutions, there is a wide difference in their powers and objects. The Constitution of the United States being national, regards national objects, and is vested with powers chiefly external,—while the state constitutions being subordinate and local, act almost wholly upon municipal and internal affairs.

§ 484. What then is the object and extent of State Legislation? The Constitution of the United States defines the powers and action of the state governments, by the joint action of two principles contained within itself. 1st. By the delegation of certain rights and powers to the United States government, upon which the states cannot trench; and 2dly, By the express prohibition of certain other powers to the states. This is the limit imposed by the government of the whole upon the government of the parts. The residuary power, whatever it may be, is expressly 'reserved to the states, or to the people. The powers retained by the people are those great natural rights which they have granted to neither state nor national governments; among these are the rights of personal liberty and private worship, and the great right of reforming and amending the government, or abrogating it entirely when they find it oppressive. This is the fundamental right of revolution, and should never be confounded with rights arising under the government. The former is the original right of the people to constitute their own government, and of course to overturn it: the latter is subordinate to that government, and cannot be exercised in opposition to it.

§ 485. The powers of the state governments, then, are all that great body of authority which the Constitution of the United States does not directly or indirectly

1 10th Amendment to the Constitution of the United States.

among the militia, except the commissary-general and adjutant-general, of whom the latter is appointed by the governor alone; all judicial officers except justices of the peace; masters and examiners in Chancery.

The Legislature nominates, and on joint ballot elects the following officers, viz.: The secretary of state, comptroller, treasurer, attorney-general, surveyor-general, and commissary-general.

Captains and subalterns of militia are chosen by the privates and non-commissioned officers. Field officers of regiments and battalions by the respective officers of their regiments. Brigadiers by the officers of their brigade. Clerks of courts, except county clerks, are chosen by their respective courts.

Mayors of cities are chosen annually by the common councils, except in the city of New-York, where, by an amendment of the Constitution, the mayor is chosen by the people.

Registers and assistant-registers are appointed by the chancellor.

Clerk and other officers for the Court of Oyer and Terminer in New-York, are appointed by the Court of General Sessions.

Justices and assistant-justices in New-York are appointed by the common council.

All other officers are elected by the people. 1

§ 472. Article 5th concerns the judiciary. There is a court of Chancery, over which presides the chancellor: a Supreme Court, consisting of a chief justice and two justices, any two of whom may hold a court: a Circuit Court, consisting of a single judge for each circuit, with the powers of a supreme judge at chambers, and with criminal jurisdiction, and such equity jurisdiction as the Legislature may confer, subject to the appellate jurisdiction of the chancellor: a County Court, consisting of a chief judge and assistants; recorders in cities having judicial functions.

The chancellor and justices of the Supreme Court can only hold their offices till they are sixty years of

age.

The court for the final correction of errors, and the trial of impeachments, consists of the President of the Senate, the senators, the chancellor, and the justices of the Supreme Court, or a majority of them. The chancellor and the justices, when a writ of error is brought for decisions by them, inform the court of the reasons thereof.

§ 473. By Article 6th, members of the Legislature, and all officers except such inferior officers as may be exempted by law, are required to take an oath to support the Constitution of the United States, and of the State of New-York:-and no other oath or test is required as a qualification for any office.

§ 474. Article 7th contains many miscellaneous provisions, most of them confirmatory of rights already established by the Constitution of the United States; such as the trial by jury, the free enjoyment of religious worship, the privilege of the writ of Habeas Corpus; presentment and indictment in criminal cases by a grand jury; and the liberty of the press; it is also provided that no minister of the Gospel shall be eligible to any civil or military office; also, that the concurrence of two-thirds of each branch of the Legislature is necessary to the appropriation of money to local or private purposes, and to create corporate bodies.

The Common Law in existence in 1775, is adopted and continued in force.

§ 475. Article 8th provides for the amendments. Article 9th appoints the time of its going into operation, and the mode by which the new Constitution shall be carried into effect.1

§ 476. These are, in substance, the leading provisions of the Constitution of New-York, and are, as will readily

1 American Constitutions.

be perceived, very analogous to those of the Constitution of the United States. Indeed the latter has in a great measure been the model for all the state constitutions formed since its own adoption; and that again was formed on the best parts of the English constitution, modified and amended by the circumstance of many states united into one, the more liberal ideas of religious freedom, and personal rights, which had grown up and for many generations existed among the Colonial Institutions.

§ 477. By a comparison of this Constitution with that of the United States it will be seen;

1st. That like that of the United States, power is divided into the three departments of legislative, executive, and judicial.

§ 478. 2d. That the legislative department is likewise divided into two branches, the Senate and the House of Assembly; the former elected by larger bodies, and for a longer time; the latter more popular in its character.

§ 479. 3d. That like the Congress, they decide on the qualifications of their own members, and determine the rules of their own proceeding.

§ 480. 4th. Every bill, like the laws of Congress, requires the signature of the executive chief to become a law, and he may put his negative upon it, and unless subsequently passed by two thirds, may reject it.

§ 481. 5th. The executive, like the President, is chief of such military and naval force as the state may employ. He also has the nomination, and in conjunction with the Senate, the appointment of many important officers. Like the President, he makes recommendations to the legislative body, and takes care that the laws be executed. Like him, he may be impeached, and removed.

§ 482. 6th, The judiciary, in respect to the Supreme