New York State Constitutions
Encyclopedia
The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States
, New York's constitution's provisions tend to be more detailed, and amended more often than its federal counterpart. Because the history of the state constitution differs from the federal constitution, the New York Court of Appeals
has seen fit to interpret analogous provisions differently from United States Supreme Court's interpretation of federal provisions.
New York State has had five constitutions, adopted in 1777, 1821, 1846, 1894, and 1938. In the 20th century alone it held three constitutional conventions, the efforts of two of which (1915 and 1967) were rejected by the electorate. The constitution produced by the 1938 convention (itself substantially a modification of the 1894 constitution), as modified by subsequent amendments, the latest of 2002, now forms the fundamental law of the State.
Currently, the New York State Constitution has 56,326 words, including the title.
was established by its colonial charter
. The constitution of 1777, which replaced the charter, was framed by a convention
which assembled at White Plains, New York
on July 10, 1776, and after repeated adjournments and changes of location, terminated its labors at Kingston, New York
on Sunday evening, April 20, 1777, when the constitution was adopted with but one dissenting vote. It was not submitted to the people for ratification. It was drafted by John Jay
.
This constitution was a combination document, containing its Declaration of Independence from Great Britain
, and its Constitutional Law
. It called for a weak bicameral legislature and a strong executive branch. It retained provisions from the colonial charter such as the substantial property qualification for voting and the ability of the governor to prorogue the legislature. This imbalance of power between the branches of state government kept the elite firmly in control, and disenfranchised
the majority of the male New York population. Slavery was legal in New York until 1827.
Under this constitution, the Assembly had a provision for a maximum of 70 Members, with the following apportionment:
This apportionment stood unchanged until seven years after the end of the Revolution, when a census was held to correct the apportionment.
On the subject of enfranchisement, Article VII of the new constitution had the following to say:
VII. That every male inhabitant of full age, who shall have personally resided within one of the counties of this State for six months immediately preceding the day of election, shall, at such election, be entitled to vote for representatives of the said county in assembly; if, during the time aforesaid, he shall have been a freeholder, possessing a freehold of the value of twenty pounds, within the said county, or have rented a tenement therein of the yearly value of forty shillings, and been rated and actually paid taxes to this State: Provided always, That every person who now is a freeman of the city
of Albany, or who was made a freeman of the city of New York on or before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, and shall be actually and usually resident in the said cities, respectively, shall be entitled to vote for representatives in assembly within his said place of residence.
. Governor Jay
sent a special message to the New York State Assembly
on February 26, 1801, and the same message to the New York State Senate
on the following day, in relation to the Council of Appointment, reciting the differences which had existed between council and governor, not only during his own term, but during the term of his predecessor, Governor Clinton
. Governor Jay claimed that under the Constitution the governor had the exclusive right of nomination. Some members of the Council of Appointment claimed a concurrent right of nomination. This the Governor denied, and in this message he recommends that it be settled in some way.
Since the original Constitution had no provisions as to how to amend it, on April 6, the legislature passed a law with the title An Act Recommending a Convention for the purpose of considering the question of the interpretation of §23 of the Constitution, and also that part of the Constitution relating to the number of members of both Senate and Assembly. The Senate was originally composed of twenty-four members, and the Assembly of seventy members, and provision was made for an increase in each branch at stated periods, until the maximum should be reached, which was fixed at one hundred senators and three hundred members of assembly. The increase in membership had apparently been more rapid than was at first anticipated. At that time the Senate had increased to forty-three members, and the Assembly to one hundred and twenty-six members.
The election of the delegates took place in August, and the Convention met on the second Tuesday in October at Albany. It ended on October 27, 1801.
Among the delegates were DeWitt Clinton
, James Clinton
, William Floyd
, Ezra L'Hommedieu
, Smith Thompson
, Daniel D. Tompkins
, John Vernon Henry
, William P. Van Ness, and U.S. Vice President Aaron Burr
who presided. Tompkins was one of the 14 who voted against the right of nomination being given to the members of the Council of Appointments and the Governor concurrently, a minority which was defeated by 86 votes for this compromise. Previously, both motions, to vest the right of nomination either exclusively in the gorvernor or exclusively in the council members, were defeated.
The changes in this version of the constitution were:
,
and the Bucktails
faction of the Democratic-Republican Party led to the call for a constitutional convention by the Bucktail members of the legislature, against Clinton's fierce opposition, with the intention to transfer powers from the executive to the legislative branch of the government.
In November 1820, the legislature passed a bill which authorized the holding of a convention with unlimited powers. Governor Clinton cast the deciding vote in the Council of Revision
to veto the bill. The Bucktails had not a majority of two thirds in the legislature to override the veto. During the regular session of the legislature which began in January 1821, a new bill was passed that put the question to the people. At the state election in April the people voted in favor of the convention, which convened between August and November at Albany. U.S. Vice President Daniel D. Tompkins
presided. Between January 15 and 17, 1822, the new Constitution, as amended by the Convention, was put before the voters for ratification as a whole, and was accepted: for 74,732; against 41,402.
Chancellor
James Kent
, Chief Justice Ambrose Spencer
, U.S. Vice President Daniel D. Tompkins
, Justice William W. Van Ness, Jacob R. Van Rensselaer
, Stephen Van Rensselaer
, James Tallmadge, Jr., Jonas Platt
, and Peter A. Jay disapproved of the amendments, and did not sign the new Constitution.
Martin Van Buren
, Erastus Root
, Samuel Nelson
, Nathan Sanford
, Samuel Young
and Ogden Edwards approved and signed.
Peter R. Livingston
, Alexander Sheldon
, Jacob Radcliff
, Peter Sharpe
, Rufus King
, and Nathaniel Pitcher
were also among the delegates.
The changes in this version of the constitution were:
on June 1, 1846, and adjourned on October 9. The new Constitution was put before the voters at the next state election in November and was adopted. Yes: 221,528 votes, No: 92,436 votes.
John Tracy presided. George W. Patterson, Ambrose L. Jordan
, Charles H. Ruggles
, David R. Floyd-Jones
, Charles O'Conor
, Samuel J. Tilden
, Levi S. Chatfield
, William B. Wright
, Michael Hoffman
and William C. Bouck
were among the delegates.
The changes in this version of the constitution were:
, adjourned on September 23, met again on November 12, and adjourned again in February 1868. Afterwards the draft was discussed in the New York State Legislature for another year and a half, the questions being if to vote for the whole Constitution or separately for some or all articles. In the end, the new Constitution was rejected by the voters at the New York state election, 1869
with 223,935 votes for and 290,456 against it. The Republicans advocated the adoption, the Democrats the rejection of the new Constitution, and by 1869 the Democrats had a majority in the state. Only the "Judicial Article" which re-organized the New York Court of Appeals
was adopted by a small majority, with 247,240 for and 240,442 against it.
William A. Wheeler
presided. Waldo Hutchins, George Opdyke
, George William Curtis
, Horace Greeley
, Ira Harris
, Martin I. Townsend
, Charles Andrews
, Charles J. Folger
, Augustus Frank
, Augustus Schell
, Henry C. Murphy
, Homer A. Nelson
, George F. Comstock
, Sanford E. Church
, Marshall B. Champlain
, Elbridge T. Gerry, Gideon J. Tucker
, Samuel J. Tilden
, James Brooks
, William Hitchman
, Abraham B. Tappen
, Erastus Corning
, Amasa J. Parker
, Edwin A. Merritt
, Leslie W. Russell
, Thomas G. Alvord
, Horatio Ballard
, Elbridge G. Lapham
, Frank Hiscock
, and Israel T. Hatch
were among the delegates.
The changes in this version of the constitution were:
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, New York's constitution's provisions tend to be more detailed, and amended more often than its federal counterpart. Because the history of the state constitution differs from the federal constitution, the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
has seen fit to interpret analogous provisions differently from United States Supreme Court's interpretation of federal provisions.
New York State has had five constitutions, adopted in 1777, 1821, 1846, 1894, and 1938. In the 20th century alone it held three constitutional conventions, the efforts of two of which (1915 and 1967) were rejected by the electorate. The constitution produced by the 1938 convention (itself substantially a modification of the 1894 constitution), as modified by subsequent amendments, the latest of 2002, now forms the fundamental law of the State.
Currently, the New York State Constitution has 56,326 words, including the title.
Constitution of New York, 1777
The Province of New YorkProvince of New York
The Province of New York was an English and later British crown territory that originally included all of the present U.S. states of New York, New Jersey, Delaware and Vermont, along with inland portions of Connecticut, Massachusetts, and Maine, as well as eastern Pennsylvania...
was established by its colonial charter
Colonial charter
A charter is a document that gave colonies the legal rights to exist.A charter is a document bestowing certain rights on a town, city, university or an institution....
. The constitution of 1777, which replaced the charter, was framed by a convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
which assembled at White Plains, New York
White Plains, New York
White Plains is a city and the county seat of Westchester County, New York, United States. It is located in south-central Westchester, about east of the Hudson River and northwest of Long Island Sound...
on July 10, 1776, and after repeated adjournments and changes of location, terminated its labors at Kingston, New York
Kingston, New York
Kingston is a city in and the county seat of Ulster County, New York, USA. It is north of New York City and south of Albany. It became New York's first capital in 1777, and was burned by the British Oct. 16, 1777, after the Battles of Saratoga...
on Sunday evening, April 20, 1777, when the constitution was adopted with but one dissenting vote. It was not submitted to the people for ratification. It was drafted by John Jay
John Jay
John Jay was an American politician, statesman, revolutionary, diplomat, a Founding Father of the United States, and the first Chief Justice of the United States ....
.
This constitution was a combination document, containing its Declaration of Independence from Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
, and its Constitutional Law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
. It called for a weak bicameral legislature and a strong executive branch. It retained provisions from the colonial charter such as the substantial property qualification for voting and the ability of the governor to prorogue the legislature. This imbalance of power between the branches of state government kept the elite firmly in control, and disenfranchised
Disfranchisement
Disfranchisement is the revocation of the right of suffrage of a person or group of people, or rendering a person's vote less effective, or ineffective...
the majority of the male New York population. Slavery was legal in New York until 1827.
Under this constitution, the Assembly had a provision for a maximum of 70 Members, with the following apportionment:
- For the city and county of New York (at that time comprising only what is today Manhattan), nine.
- The city and county of AlbanyAlbany County, New YorkAlbany County is a county located in the U.S. state of New York, and is part of the Albany-Schenectady-Troy Metropolitan Statistical Area. The name is from the title of the Duke of York and Albany, who became James II of England . As of the 2010 census, the population was 304,204...
, ten - Dutchess CountyDutchess County, New YorkDutchess County is a county located in the U.S. state of New York, in the state's Mid-Hudson Region of the Hudson Valley. The 2010 census lists the population as 297,488...
, seven. - Westchester CountyWestchester County, New YorkWestchester County is a county located in the U.S. state of New York. Westchester covers an area of and has a population of 949,113 according to the 2010 Census, residing in 45 municipalities...
, six. - Ulster CountyUlster County, New YorkUlster County is a county located in the state of New York, USA. It sits in the state's Mid-Hudson Region of the Hudson Valley. As of the 2010 census, the population was 182,493. Recent population estimates completed by the United States Census Bureau for the 12-month period ending July 1 are at...
, six. - Suffolk CountySuffolk County, New YorkSuffolk County is a county located in the U.S. state of New York on the eastern portion of Long Island. As of the 2010 census, the population was 1,493,350. It was named for the county of Suffolk in England, from which its earliest settlers came...
(eastern Long Island), five. - Queens County (now Queens and Nassau Counties), four.
- Orange CountyOrange County, New YorkOrange County is a county located in the U.S. state of New York. It is part of the Poughkeepsie–Newburgh–Middletown, NY Metropolitan Statistical Area and is located at the northern reaches of the New York metropolitan area. The county sits in the state's scenic Mid-Hudson Region of the Hudson Valley...
(now Orange and Rockland Counties), four. - Kings County (Brooklyn), two.
- Richmond County (Staten Island), two.
- Tryon CountyTryon County, New YorkTryon County, New York was a county in the colonial Province of New York in the British American colonies. It was created from Albany County on March 24, 1772. It was named for William Tryon, the last provincial governor of New York. Its boundaries extended far further than any current county...
(now Montgomery CountyMontgomery County, New YorkAs of the census of 2000, there were 49,708 people, 20,038 households, and 13,104 families residing in the county. The population density was 123 people per square mile . There were 22,522 housing units at an average density of 56 per square mile...
), six. - Charlotte CountyCharlotte County, Province of New YorkCharlotte County was a county in the colonial Province of New York in the British American colonies. It was created from Albany County on March 24, 1772. The county was named for Charlotte, Princess Royal, oldest daughter and fourth child of George III of the United Kingdom. Its boundaries extended...
(now Washington CountyWashington County, New YorkWashington County is a county located in the U.S. state of New York. It is part of the Glens Falls, New York, Metropolitan Statistical Area. As of the 2010 census, the population was 63,216. It was named for the Revolutionary War general George Washington...
), four. - Cumberland CountyCumberland County, New YorkCumberland County, New York was a county in the Province of New York that became part of the state of Vermont. It was divided out of Albany County in New York in 1766, but eventually became part of Vermont in 1777...
(partitioned January 15, 1777 for the creation of the State of Vermont), three. - Gloucester CountyGloucester County, New YorkGloucester County, New York is a former county in New York that became part of the state of Vermont. It was a part of Albany County in the Province of New York until 1770 and was lost to Vermont in 1777. At that time, Vermont was holding itself out as the Republic of Vermont and did not become a...
(partitioned January 15, 1777 for the creation of the State of Vermont), two.
This apportionment stood unchanged until seven years after the end of the Revolution, when a census was held to correct the apportionment.
On the subject of enfranchisement, Article VII of the new constitution had the following to say:
VII. That every male inhabitant of full age, who shall have personally resided within one of the counties of this State for six months immediately preceding the day of election, shall, at such election, be entitled to vote for representatives of the said county in assembly; if, during the time aforesaid, he shall have been a freeholder, possessing a freehold of the value of twenty pounds, within the said county, or have rented a tenement therein of the yearly value of forty shillings, and been rated and actually paid taxes to this State: Provided always, That every person who now is a freeman of the city
Freedom of the City
Freedom of the City is an honour bestowed by some municipalities in Australia, Canada, Ireland, France, Italy, New Zealand, South Africa, Spain, the United Kingdom, Gibraltar and Rhodesia to esteemed members of its community and to organisations to be honoured, often for service to the community;...
of Albany, or who was made a freeman of the city of New York on or before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, and shall be actually and usually resident in the said cities, respectively, shall be entitled to vote for representatives in assembly within his said place of residence.
Constitutional Convention 1801
The Constitutional Convention of 1801 was not convened to propose a new constitution. Instead, it formed purely to resolve differences of interpretation of §23 of the 1777 Constitution, which provided for a Council of AppointmentCouncil of Appointment
The Council of Appointment was a body of the Government of New York that existed from 1777 to 1822.-History:...
. Governor Jay
John Jay
John Jay was an American politician, statesman, revolutionary, diplomat, a Founding Father of the United States, and the first Chief Justice of the United States ....
sent a special message to the New York State Assembly
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
on February 26, 1801, and the same message to the New York State Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
on the following day, in relation to the Council of Appointment, reciting the differences which had existed between council and governor, not only during his own term, but during the term of his predecessor, Governor Clinton
George Clinton (vice president)
George Clinton was an American soldier and politician, considered one of the Founding Fathers of the United States. He was the first Governor of New York, and then the fourth Vice President of the United States , serving under Presidents Thomas Jefferson and James Madison. He and John C...
. Governor Jay claimed that under the Constitution the governor had the exclusive right of nomination. Some members of the Council of Appointment claimed a concurrent right of nomination. This the Governor denied, and in this message he recommends that it be settled in some way.
Since the original Constitution had no provisions as to how to amend it, on April 6, the legislature passed a law with the title An Act Recommending a Convention for the purpose of considering the question of the interpretation of §23 of the Constitution, and also that part of the Constitution relating to the number of members of both Senate and Assembly. The Senate was originally composed of twenty-four members, and the Assembly of seventy members, and provision was made for an increase in each branch at stated periods, until the maximum should be reached, which was fixed at one hundred senators and three hundred members of assembly. The increase in membership had apparently been more rapid than was at first anticipated. At that time the Senate had increased to forty-three members, and the Assembly to one hundred and twenty-six members.
The election of the delegates took place in August, and the Convention met on the second Tuesday in October at Albany. It ended on October 27, 1801.
Among the delegates were DeWitt Clinton
DeWitt Clinton
DeWitt Clinton was an early American politician and naturalist who served as United States Senator and the sixth Governor of New York. In this last capacity he was largely responsible for the construction of the Erie Canal...
, James Clinton
James Clinton
James Clinton was an American Revolutionary War soldier who obtained the rank of major general.He was born in Ulster County in the colony of New York, in a location now part of Orange County, New York...
, William Floyd
William Floyd
William Floyd was a signer of the United States Declaration of Independence as a U.S. Representative from New York.-Biography:...
, Ezra L'Hommedieu
Ezra L'Hommedieu
Ezra L'Hommedieu was an American lawyer and statesman from Southold, New York. He was a delegate for New York to the Continental Congress from 1779 to 1783 and again in 1788...
, Smith Thompson
Smith Thompson
Smith Thompson was a United States Secretary of the Navy from 1818 to 1823, and a United States Supreme Court Associate Justice from 1823 until his death in 1843....
, Daniel D. Tompkins
Daniel D. Tompkins
Daniel D. Tompkins was an entrepreneur, jurist, Congressman, the fourth Governor of New York , and the sixth Vice President of the United States .-Name:...
, John Vernon Henry
John Vernon Henry
John Vernon Henry was an American lawyer and politician.-Life:He was admitted to the bar in 1782. He was a Federalist member from Albany County of the New York State Assembly from 1800 to 1802. He was New York State Comptroller from 1800 to 1801...
, William P. Van Ness, and U.S. Vice President Aaron Burr
Aaron Burr
Aaron Burr, Jr. was an important political figure in the early history of the United States of America. After serving as a Continental Army officer in the Revolutionary War, Burr became a successful lawyer and politician...
who presided. Tompkins was one of the 14 who voted against the right of nomination being given to the members of the Council of Appointments and the Governor concurrently, a minority which was defeated by 86 votes for this compromise. Previously, both motions, to vest the right of nomination either exclusively in the gorvernor or exclusively in the council members, were defeated.
The changes in this version of the constitution were:
- The number of senators was permanently fixed at thirty-two.
- The assembly was given one hundred members, and provision was made for a possible increase to one hundred and fifty, by additions to be made after each census.
- The right of nomination, formerly vested in the governor only (as John JayJohn JayJohn Jay was an American politician, statesman, revolutionary, diplomat, a Founding Father of the United States, and the first Chief Justice of the United States ....
, the author of the Constitution, meant it), was given now to each member of the Council of AppointmentCouncil of AppointmentThe Council of Appointment was a body of the Government of New York that existed from 1777 to 1822.-History:...
and the Governor concurrently.
,
Constitutional Convention 1821
In 1821, the power struggle between Governor DeWitt ClintonDeWitt Clinton
DeWitt Clinton was an early American politician and naturalist who served as United States Senator and the sixth Governor of New York. In this last capacity he was largely responsible for the construction of the Erie Canal...
and the Bucktails
Bucktails
The Bucktails may refer to one of two organizations that were particularly characterized and identified by the wearing of a bucktail in their headgear....
faction of the Democratic-Republican Party led to the call for a constitutional convention by the Bucktail members of the legislature, against Clinton's fierce opposition, with the intention to transfer powers from the executive to the legislative branch of the government.
In November 1820, the legislature passed a bill which authorized the holding of a convention with unlimited powers. Governor Clinton cast the deciding vote in the Council of Revision
Council of Revision
The Council of Revision was, under the provisions of the Constitution of the State of New York of 1777, the legal body that revised all new legislation made by the New York State Legislature....
to veto the bill. The Bucktails had not a majority of two thirds in the legislature to override the veto. During the regular session of the legislature which began in January 1821, a new bill was passed that put the question to the people. At the state election in April the people voted in favor of the convention, which convened between August and November at Albany. U.S. Vice President Daniel D. Tompkins
Daniel D. Tompkins
Daniel D. Tompkins was an entrepreneur, jurist, Congressman, the fourth Governor of New York , and the sixth Vice President of the United States .-Name:...
presided. Between January 15 and 17, 1822, the new Constitution, as amended by the Convention, was put before the voters for ratification as a whole, and was accepted: for 74,732; against 41,402.
Chancellor
New York Court of Chancery
The New York Court of Chancery was established during the colonial administration on August 28, 1701, the colonial governor acting as Chancellor. The New York State Constitution of 1777 continued the court but required a lawyer to be appointed Chancellor. It was the court with jurisdiction on cases...
James Kent
James Kent
James Kent was an American jurist and legal scholar.-Life:...
, Chief Justice Ambrose Spencer
Ambrose Spencer
Ambrose Spencer was an American lawyer and politician.-Life:He attended Yale College from 1779 to 1782, and graduated from Harvard University in 1783...
, U.S. Vice President Daniel D. Tompkins
Daniel D. Tompkins
Daniel D. Tompkins was an entrepreneur, jurist, Congressman, the fourth Governor of New York , and the sixth Vice President of the United States .-Name:...
, Justice William W. Van Ness, Jacob R. Van Rensselaer
Jacob R. Van Rensselaer
Jacob Rutsen Van Rensselaer was an American lawyer and Federalist politician.-Life:...
, Stephen Van Rensselaer
Stephen Van Rensselaer III
Stephen Van Rensselaer III was Lieutenant Governor of New York as well as a statesman, soldier, and land-owner, the heir to one of the largest estates in the New York region at the time, which made him the tenth richest American of all time, based on the ratio of his fortune to contemporary GDP...
, James Tallmadge, Jr., Jonas Platt
Jonas Platt
Jonas Platt was an American lawyer and politician from New York. He was a member of the United States House of Representatives.-Life:...
, and Peter A. Jay disapproved of the amendments, and did not sign the new Constitution.
Martin Van Buren
Martin Van Buren
Martin Van Buren was the eighth President of the United States . Before his presidency, he was the eighth Vice President and the tenth Secretary of State, under Andrew Jackson ....
, Erastus Root
Erastus Root
Erastus Root was an American lawyer and politician from New York.-Life:He graduated from Dartmouth College in 1793 and became a teacher...
, Samuel Nelson
Samuel Nelson
Samuel Nelson was an American attorney and an Justice of the Supreme Court of the United States....
, Nathan Sanford
Nathan Sanford
Nathan Sanford was an American politician.- Life :He was the son of Thomas Sanford and Phebe Sanford, née Baker...
, Samuel Young
Samuel Young (New York)
Samuel Young was an American lawyer and politician.-Life:In 1813, he was Moderator of the Board of Supervisors of Saratoga County....
and Ogden Edwards approved and signed.
Peter R. Livingston
Peter R. Livingston
Peter Robert Livingston was an American politician who served as Acting Lieutenant Governor of New York from February to October 1828.-Life:...
, Alexander Sheldon
Alexander Sheldon
Alexander Sheldon was an American physician and politician.-Life:...
, Jacob Radcliff
Jacob Radcliff
Jacob Radcliff was Mayor of New York City from 1810 to 1811 and from 1815 to 1818....
, Peter Sharpe
Peter Sharpe
Peter Sharpe was an American politician who served as a United States Representative from New York.-Life:...
, Rufus King
Rufus King
Rufus King was an American lawyer, politician, and diplomat. He was a delegate for Massachusetts to the Continental Congress. He also attended the Constitutional Convention and was one of the signers of the United States Constitution on September 17, 1787, in Philadelphia, Pennsylvania...
, and Nathaniel Pitcher
Nathaniel Pitcher
Nathaniel Pitcher was an American lawyer and politician who served as the eighth Governor of New York from February 11 to December 31, 1828....
were also among the delegates.
The changes in this version of the constitution were:
- State elections were moved from the last week in April to the first week in November. Beginning in 1823, the terms of the governor (two-year term), lieutenant governor (two-year term), State senators (four-year term) and assemblymen (one-year term) coincided with the calendar year.
- The lieutenant governorLieutenant Governor of New YorkThe Lieutenant Governor of New York is a constitutional office in the executive branch of the government of New York State. It is the second highest ranking official in state government. The lieutenant governor is elected on a ticket with the governor for a four year term...
was given the right to succeed to the governor's office "for the residue of the term" whenever a vacancy occurred, unlike John TaylerJohn TaylerJohn Tayler was a merchant and politician. He served nine years as Lieutenant Governor of New York, four months as Acting Governor of New York, and also in both houses of the New York State Legislature.-Life:...
in 1817 who became Acting Governor until the election of a successor. - The Council of AppointmentCouncil of AppointmentThe Council of Appointment was a body of the Government of New York that existed from 1777 to 1822.-History:...
was abolished and the vast majority of the formerly appointive offices became elective, the state offices by joint ballot of assemblyNew York State AssemblyThe New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
and senateNew York State SenateThe New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
, the others by local popular or legislative elections. - The Council of RevisionCouncil of RevisionThe Council of Revision was, under the provisions of the Constitution of the State of New York of 1777, the legal body that revised all new legislation made by the New York State Legislature....
was abolished. Its power of veto to new legislation was transferred to the governor, whose veto could be overcome by a two-thirds vote of the legislature. - The governor's right to prorogue the legislature at his will was abolished.
- White voters were given an extended franchise, as property qualifications were removed.
- Negroes were given limited suffrage - while property qualifications for whites were removed, property qualification ONLY for blacks were passed. This effectively disenfranchised black voters, who for the most part did not own sufficient property in order to vote.
- A Canal BoardErie Canal CommissionThe New York State Legislature appointed in 1810 a Commission to Explore a Route for a Canal to Lake Erie, and Report which became known as the Erie Canal Commission...
was to be formed by the Commissioners of the Canal Fund (the sate cabinet officers) and the Canal Commissioners - Eight Circuit CourtsNew York State Circuit CourtsThe New York State Circuit Courts were circuit courts created by the New York State Constitution of 1821, and abolished by the Constitution of 1846.-History:...
were created, one in each senatorial district. Until then the justices of the New York State Supreme Court had held traveling circuit court.
Constitutional Convention 1846
The delegates convened at AlbanyAlbany, New York
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
on June 1, 1846, and adjourned on October 9. The new Constitution was put before the voters at the next state election in November and was adopted. Yes: 221,528 votes, No: 92,436 votes.
John Tracy presided. George W. Patterson, Ambrose L. Jordan
Ambrose L. Jordan
Ambrose Latting Jordan was an American lawyer, newspaper editor and politician.-Early life:...
, Charles H. Ruggles
Charles H. Ruggles
Charles Herman Ruggles was an American lawyer and politician who was a U.S...
, David R. Floyd-Jones
David R. Floyd-Jones
David Richard Floyd-Jones was an American lawyer and politician.-Life:A descendant of an old Long Island family, he was born at the family mansion on the Fort Neck estate in South Oyster Bay, New York as the son of Brigadier General Thomas Floyd-Jones and Cornelia Haring Jones Floyd-Jones David...
, Charles O'Conor
Charles O'Conor
Charles O'Conor was an American lawyer who ran in the U.S. presidential election, 1872.-Biography:...
, Samuel J. Tilden
Samuel J. Tilden
Samuel Jones Tilden was the Democratic candidate for the U.S. presidency in the disputed election of 1876, one of the most controversial American elections of the 19th century. He was the 25th Governor of New York...
, Levi S. Chatfield
Levi S. Chatfield
Levi Starr Chatfield was an American lawyer and politician.-Life:He was the son of Enos Chatfield and Hannah Starr Chatfield ....
, William B. Wright
William B. Wright
William B. Wright was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals in 1868.-Life:He was the son of Samuel Wright....
, Michael Hoffman
Michael Hoffman (congressman)
Michael Hoffman was an American lawyer and politician. He was U.S. Representative from New York from 1825 to 1833-Personal life:...
and William C. Bouck
William C. Bouck
William Christian Bouck was an American politician from New York. He was the 13th Governor of New York from 1843 to 1844.-Life:...
were among the delegates.
The changes in this version of the constitution were:
- The Court of ChanceryNew York Court of ChanceryThe New York Court of Chancery was established during the colonial administration on August 28, 1701, the colonial governor acting as Chancellor. The New York State Constitution of 1777 continued the court but required a lawyer to be appointed Chancellor. It was the court with jurisdiction on cases...
and the Court for the Correction of ErrorsNew York Court for the Trial of ImpeachmentsThe Court for the Trial of Impeachments, and the Correction of Errors was established by the New York State Constitution of 1777. It consisted then of the Lieutenant Governor of New York , the Chancellor, the justices of the New York Supreme Court and the members of the New York State Senate...
were abolished. Jurisdiction on equity was transferred to the New York Supreme CourtNew York Supreme CourtThe Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
, jurisdiction on appeal to the New York Court of AppealsNew York Court of AppealsThe New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
. - The New York State Circuit CourtsNew York State Circuit CourtsThe New York State Circuit Courts were circuit courts created by the New York State Constitution of 1821, and abolished by the Constitution of 1846.-History:...
were abolished, and replaced by the district benches of the New York Supreme CourtNew York Supreme CourtThe Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
. - The New York Court of AppealsNew York Court of AppealsThe New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
was established in July 1847, consisting of four statewide elected judges and four justices chosen annually from the New York Supreme CourtNew York Supreme CourtThe Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
. - The state cabinet officers (Attorney GeneralNew York State Attorney GeneralThe New York State Attorney General is the chief legal officer of the State of New York. The office has been in existence in some form since 1626, under the Dutch colonial government of New York.The current Attorney General is Eric Schneiderman...
, Secretary of StateSecretary of State of New YorkThe Secretary of State of New York is a cabinet officer in the government of the U.S. state of New York.The current Secretary of State of New York is Cesar A...
, ComptrollerNew York State ComptrollerThe New York State Comptroller is a state cabinet officer of the U.S. state of New York. The duties of the comptroller include auditing government operations and operating the state's retirement system.-History:...
, TreasurerNew York State TreasurerThe New York State Treasurer was a state cabinet officer in the State of New York between 1776 and 1926. During the re-organization of the state government under Governor Al Smith, the office was abolished and its responsibilities transferred to the new Department of Audit and Control headed by the...
and State EngineerNew York State Engineer and SurveyorThe New York State Engineer and Surveyor was a state cabinet officer in the State of New York between 1848 and 1926. During the re-organization of the state government under Governor Al Smith, the office was abolished and its responsibilities transferred to the Department of Public Works which was...
) who had been chosen by joint ballot of the Legislature, were now elected by the voters at the state elections in odd years. The incumbents were legislated out of office on December 31, 1847. The successors were elected at the state election in November and took office on January 1, 1848. From 1848 on, the state officers served a two-year term, one year in the second half of the term of the incumbent governor, the other year in the first half of the term of the succeeding governor.
Constitutional Convention of 1867-1868
According to the Constitution of 1846, twenty years after its elaboration the electorate was asked if they wanted a constitutional convention to be held, which was answered in the affirmative at the New York state election, 1866 with 352,854 votes for, and 256,364 against the convention. On April 23, 1867, the delegates were elected, and the convention had a small Republican majority. The convention met in June at Albany, New YorkAlbany, New York
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
, adjourned on September 23, met again on November 12, and adjourned again in February 1868. Afterwards the draft was discussed in the New York State Legislature for another year and a half, the questions being if to vote for the whole Constitution or separately for some or all articles. In the end, the new Constitution was rejected by the voters at the New York state election, 1869
New York state election, 1869
The 1869 New York state election was held on November 2, 1869, to elect the Secretary of State, the State Comptroller, the Attorney General, the State Treasurer, the State Engineer, two Judges of the New York Court of Appeals, a Canal Commissioners and an Inspector of State Prisons, as well as all...
with 223,935 votes for and 290,456 against it. The Republicans advocated the adoption, the Democrats the rejection of the new Constitution, and by 1869 the Democrats had a majority in the state. Only the "Judicial Article" which re-organized the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
was adopted by a small majority, with 247,240 for and 240,442 against it.
William A. Wheeler
William A. Wheeler
William Almon Wheeler was a Representative from New York and the 19th Vice President of the United States .-Early life and career:...
presided. Waldo Hutchins, George Opdyke
George Opdyke
George Opdyke was an entrepreneur and the Mayor of New York during the American Civil War.-Early life:He was born in Hunterdon County, New Jersey and in the 1820s he lived in Cleveland, Ohio and New Orleans, Louisiana....
, George William Curtis
George William Curtis
George William Curtis was an American writer and public speaker, born in Providence, Rhode Island, of old New England stock.-Biography:...
, Horace Greeley
Horace Greeley
Horace Greeley was an American newspaper editor, a founder of the Liberal Republican Party, a reformer, a politician, and an outspoken opponent of slavery...
, Ira Harris
Ira Harris
Ira Harris was an American jurist and senator from New York. He was also a friend of Abraham Lincoln's.-Life:Harris grew up on a farm, and graduated from Union College in 1824. Then he studied law in Albany, and in 1828 was admitted to the bar.He was a Whig member from Albany County of the New...
, Martin I. Townsend
Martin I. Townsend
Martin Ingham Townsend was an American lawyer and politician from New York.-Life:...
, Charles Andrews
Charles Andrews (judge)
Charles Andrews was an American Lawyer and politician. He was Chief Judge of the New York Court of Appeals from 1881 to 1882 and from 1892 to 1897....
, Charles J. Folger
Charles J. Folger
Charles James Folger was an American lawyer and politician. He was U.S. Secretary of the Treasury from 1881 until his death.-Early life:...
, Augustus Frank
Augustus Frank
Augustus Frank was a United States Representative from New York during the American Civil War.Born in Warsaw, Wyoming County, he was a nephew of two other U.S. Representatives, William Patterson and George Washington Patterson...
, Augustus Schell
Augustus Schell
Augustus Schell was a New York politician and lawyer. He was Chairman of the Democratic National Committee from 1872 to 1876.-Biography:...
, Henry C. Murphy
Henry Cruse Murphy
Henry Cruse Murphy was an American politician and historian, born in Brooklyn, N. Y. He graduated at Columbia College in 1830, studied law, and was admitted to the bar in Brooklyn, where he became city attorney and, in 1842, mayor. The next year he became a member of Congress...
, Homer A. Nelson
Homer Augustus Nelson
Homer Augustus Nelson was an American politician and soldier from the state of New York. He was an officer in the Union Army during the first part of the Civil War and a United States congressman during the latter half of the war.-Biography:Nelson was born in Poughkeepsie, New York, where he was...
, George F. Comstock
George F. Comstock
George Franklin Comstock was an American lawyer and politician. He was Chief Judge of the New York Court of Appeals from 1860 to 1861.-Life:He graduated from Union College in 1834...
, Sanford E. Church
Sanford E. Church
Sanford Elias Church was an American lawyer and Democratic politician...
, Marshall B. Champlain
Marshall B. Champlain
Marshall Bolds Champlain was an American lawyer and politician.-Life:He was admitted to the bar in 1843, and practised at Cuba, N.Y...
, Elbridge T. Gerry, Gideon J. Tucker
Gideon J. Tucker
Gideon John Tucker was an American lawyer, newspaper editor and politician. In 1866, as Surrogate of New York, he wrote in a decision of a will case: "No man's life, liberty or property are safe while the Legislature is in session."-Life:He was born on Laight Street, near Canal Street in Lower...
, Samuel J. Tilden
Samuel J. Tilden
Samuel Jones Tilden was the Democratic candidate for the U.S. presidency in the disputed election of 1876, one of the most controversial American elections of the 19th century. He was the 25th Governor of New York...
, James Brooks
James Brooks (Whig)
James Brooks was a U.S. Representative from New York during the latter half of the American Civil War.He was born on November 10, 1810, in Portland, Maine. As a student, he attended public schools and then the academy at Monmouth, Maine. By the age of 16, he was teaching school, in Lewiston, Maine...
, William Hitchman
William Hitchman
-Life:He was the son of a livery stable keeper, and was born on Pearl Street. He was apprenticed to carriage painter James Flynn, in Eighty-sixth Street near Third Avenue. He joined the 45 Engine Company as a runner, and got his certificate when he was twenty-one years old. His comrades elected him...
, Abraham B. Tappen
Abraham B. Tappen
Abraham B. Tappen was an American lawyer and politician from New York.-Life:...
, Erastus Corning
Erastus Corning
Erastus Corning I , American businessman and politician, was born in Norwich, Connecticut. Corning moved to Troy, New York at the age of 13 to clerk in the hardware store of an uncle; six years later he moved to Albany, New York, where he joined the mercantile business under James Spencer...
, Amasa J. Parker
Amasa J. Parker
Amasa Junius Parker was a U.S. Representative from New York and a justice of the New York Supreme Court.-Early life:...
, Edwin A. Merritt
Edwin Atkins Merritt
Edwin Atkins Merritt was an American politician, civil service reformer and diplomat.-Life:...
, Leslie W. Russell
Leslie W. Russell
Leslie Wead Russell was an American lawyer and politician.-Life:...
, Thomas G. Alvord
Thomas G. Alvord
Thomas Gold Alvord was an American lawyer, merchant and politician. Throughout his political career he was known as "Old Salt".-Life:...
, Horatio Ballard
Horatio Ballard
Horatio Ballard was an American lawyer and politician who was New York Secretary of State from January 1, 1862 to December 31, 1863.-Life:...
, Elbridge G. Lapham
Elbridge G. Lapham
Elbridge Gerry Lapham was a U.S. Senator from New York from 1881-1885.-Life:Lapham attended the public schools and the Canandaigua Academy. He studied civil engineering and law and was admitted to the bar in 1844 and practiced in Canandaigua, New York.He was a delegate to the New York State...
, Frank Hiscock
Frank Hiscock
Frank Hiscock was a U.S. Representative and Senator from New York.-Biography:Hiscock was born in Pompey, Onondaga County, New York, September 6, 1834. He graduated from Pompey Academy and studied law...
, and Israel T. Hatch
Israel T. Hatch
Israel Thompson Hatch was a U.S. Representative from New York.-Biography:He was born in Johnstown, New York on June 30, 1808. Hatch pursued preparatory studies...
were among the delegates.
The changes in this version of the constitution were:
- The New York Court of AppealsNew York Court of AppealsThe New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
was totally re-organized. Instead of eight judges, four elected statewide and four selected from the New York Supreme CourtNew York Supreme CourtThe Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
, it had now one Chief Judge of the New York Court of AppealsChief judgeChief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
and six associate judges, all elected statewide. - The Clerk of the New York Court of AppealsClerk of the New York Court of AppealsThe Clerk of the New York Court of Appeals was one of the statewide elected officials in New York from 1847 to 1870. He was also ex officio a clerk of the New York Supreme Court. The office was created by the New York State Constitution of 1846...
was not elected statewide anymore. - The term of office of the judges of the Court of Appeals and the justices of the New York Supreme CourtNew York Supreme CourtThe Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
was extended from 8 to 14 years, and the rotative renewal (every two years one judge or justice had been elected to an 8-year term; in case of a vacancy, a special election was held to fill the remainder of the term only) was abolished. Instead, vacancies were filled as they occurred (by death, resignation, or term expiration), always to a full 14-year term.
External links
- Current Constitution
- Reports of the Proceedings and Debates of the Convention of 1821
- Text of the 1777 Constitution
- http://www.amazon.com/Ordered-Liberty-Constitutional-History-NY/dp/0823216519 "Ordered Liberty: A Constitutional History of New York" (01/1995) by Peter Galie, PhD
- http://www.greenwood.com/catalog/GNY%252f.aspx "The New York State Constitution: A Reference Guide" (12/1990) by Peter Galie, PhD