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"The Constitutional History of New York ..." |
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The First Constitution, 1777.
The first Constitution of any free people possesses a peculiar interest; especially is this true when, as in the case of New York, the Constitution is the outgrowth and culmination of more than a century of struggle for popular liberty. Our first Constitution also excites additional interest from the circumstances surrounding its preparation; for it was not framed, as most of the later state Constitutions were framed, to accomplish a peaceful transition from a territorial condition to statehood, and where the authors, with research and deliberation, worked out a plan of government based on the best models. The framers of our first Constitution worked in the stress of war and revolution and without a model, except as they may possibly have derived assistance from Constitutions of other states. recently adopted, but under which there had been little, if any, actual experience. Neither was it framed by experienced men of mature years, but by young men reared in luxury, and who had not enjoyed the opportunities of public service and acquaintance with details of public affairs. John Jay, who is understood to have been the chief author of the Constitution, was only thirty years of age, Robert R. Livingston, one of his colleagues, was only twenty-nine, and Gouverneur Morris, the other, was only twenty-four, when they were appointed on the committee to frame a form of government; yet these wise young patriots exercised a controlling influence in preparing a Constitution which was the fundamental law of the state for forty-five years, and many of whose provisions have been continued without change in all subsequent Constitutions. The first Constitution was framed, adopted, and put in operation by a congress, or convention, chosen by the people of the colony, and which, after three intermediate congresses, was the successor of the colonial legislature. The last Colonial Assembly was chosen under writs of election issued January 14, 1769, and returnable February 14. The assembly met for its first session April 4, 1769. It continued in session at different times until April 3, 1775, when itwas proroguedd until May 3, 1775. It was prorogued at different times afterwards until March 11, 1776, and then again till April 17, 1776, but it did not meet at that time, and never met after April 3, 1775. Events developing the Revolution were crowding each other rapidly during this period, and, in the absence of an assembly authorized to exercise legislative powers and attend to the affairs of the colony, the people assumed control, and at first by committees, and later through elected congresses, gradually worked out a plan of local administration of the colony, culminating in constitutional government * * * On the 1st of May, [1775, the] * * * Provisional War Committee * * * requested the people of the several counties of the colony to elect delegates to a Provincial Congress, to meet in New York on the 22d of May, 1775, "to deliberate upon, and from time to time to direct, such measures as may be expedient for our common safety." This congress met at the time. appointed at the Ex- change in the city of New York. It is known as the First Provincial Congress, and it became substantially the successor of the Colonial Assembly, which had met for the last time on the 3d of the preceding April. This congress, on the 18th of October, ordered an election of delegates by ballot, to constitute a new Provincial Congress, to meet November 14, 1775. The first congress adjourned on the 4th of November. The second congress was organized on the 6th of December, and continued its sessions at different times until its final adjournment May 13, 1776. In April, 1776, an election was held for delegates to constitute a new Provincial Congress, to meet on the 14th of May. The Third Provincial Congress, owing to the failure of a sufficient number of members to attend, was not actually organized until May 22, 1776. It continued in session until June 30, 1776. These congresses had no constitutional sanction, but were expedients resorted to by the people in a great emergency. The Colonial Assembly, which had existed as a component and essential part of colonial government for nearly a century, had been dissolved. Government by the people, in the manner so positively asserted in the Charter of Liberties, had apparently ceased, and the rights of the people had reverted to the people themselves. It should be noted as a significant fact, evincing the deepest patriotism and the most conservative self- poise, that in all this trying period, from the failure of real representative government in the old assembly to the institution of a regular form of government under the new state, there was no attempt by any committee or body of patriots to usurp the recognized rights of the people; but in all cases each delegation to the Continental Congress, and each Provincial Congress, was composed of men chosen, either directly by the people, or by representatives of the people elected for that specific purpose: and the government and administration of colonial affairs exercised by the several Provincial Congresses were strictly representative, and recognized to the fullest extent the right of popular self-government * * * On the 31st of May the Third Provincial Congress, then sitting in New York, adopted the following pre- amble and resolutions: "AND WHEREAS, Doubts have arisen whether this Congress are invested with sufficient power and authority to deliberate and determine on so important a subject as the necessity of erecting and constituting a new form of government and internal police, to the exclusion of all foreign jurisdiction, dominion, and control whatever: "AND WHEREAS, It appertains, of right, solely to the people of this colony to determine the said doubt: Therefore "Resolved, That it be recommended to the electors of the several counties in this colony, by election in the manner and form prescribed for the election of the present congress, either to authorize (in addition to the powers vested in this congress) their present deputies, or others in the stead of their present deputies, or either of them, to take into consideration the necessity and propriety of instituting such new government as in and by the said resolution of the Continental Congress is described and recommended. And if the majority of the counties by their deputies in Provincial Congress shall be of the opinion that such new government ought to be instituted and established, then to institute and establish such a government as they shall deem best calculated to secure the rights, liberties, and happiness of the good people of this colony, and to continue in force till a future peace with Great Britain shall render the same unnecessary. And "Resolved, That the said elections in the several counties ought to be on such a day, and at such place or places, as by the committee of each county respectively shall be determined. And it is recommended to the said committees to fix such early days for the elections as that all the deputies to be elected have sufficient time to repair to the city of New York by the second Monday in July next, on which day all the said deputies ought punctually to give their attendance. "AND WHEREAS, The object of the foregoing resolutions is of the utmost importance to the good people of this colony: "Resolved, That it be, and it is, hereby earnestly recommended to the committees, freeholders, and other electors in the different counties of this colony, diligently to carry the same into execution. "Ordered, That the foregoing resolutions be published in all public newspapers in this colony, and in handbills to be distributed in the counties." [pages 471-482]
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 The Historical Society of the Courts of the State of New York |