Eleanor Finch
The New York Constitution of 1777, also known as the first New York State Constitution, was a document that granted New York independence from Great Britain and established a new government. It was drafted by John Jay, Robert R. Livingston, and Gouverneur Morris, and adopted on April 20, 1777, by the Convention of Representatives of the State of New York. The constitution created three branches of government: executive, judicial, and legislative. It also established a state militia, ratified English grants, barred the clergy from holding office, and prompted the drafting of a plan for canal construction. The constitution's fundamental principles became the foundation for subsequent constitutions, and it marked the birth of the State of New York.
| Characteristics | Values |
|---|---|
| Date of adoption | 20 April 1777 |
| Location of adoption | Kingston, New York |
| Legislative power | Assembly of the State of New York and the Senate of the State of New York |
| Branches of government | Executive, legislative, and judicial |
| Council of Revision | Governor, chancellor, and justices of the Supreme Court |
| Powers of the Council of Revision | Review and potential veto of legislation passed by the state's bicameral legislature |
| Continuation of English law | English statutory and common law continued to the extent applicable under the new form of government |
| Grants of land | All grants of land by the King of Great Britain after 14 October 1775 are null and void |
| Clergy | Barred from holding office |
| Education | Established the university, common schools, colleges, academies, and libraries |
| Taxation | Established a system of taxation |
| Canals | Prompted the drafting of a plan for the construction of canals |
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What You'll Learn
The constitution was adopted without ratification
The first New York State Constitution was adopted on April 20, 1777, by the Convention of Representatives of the State of New York. Notably, the constitution was not ratified by the people of New York.
The constitution was drafted by a convention that assembled at White Plains, New York, on July 10, 1776. It was framed in response to the tyrannical and oppressive usurpations of the King and Parliament of Great Britain on the rights and liberties of the people of the American colonies. The constitution declared the possibility of reconciliation between Britain and its former American colonies as remote and uncertain, necessitating the establishment of a new government in New York to maintain internal peace, virtue, and good order.
The 1777 Constitution of New York established three branches of government: an executive branch, a judicial branch, and a legislative branch. It called for the election of a governor, 24 senators, and 70 assemblymen for 14 declared counties. The constitution defined eligible voters as male inhabitants of full age, who had personally resided within one of the counties of the state for six months before the election. To be eligible to vote, these men should have been freeholders possessing a freehold of a certain value, typically above £20, within the said county.
The constitution also included provisions for the nullification of land grants made by the King of Great Britain after October 14, 1775, and established the Assembly of the State of New York and the Senate of the State of New York as the two bodies that would constitute the legislature, meeting at least once a year.
The 1777 Constitution of New York was a significant step towards creating a democratic and free independent state, and it replaced the former colonial charter. However, it is important to note that this constitution was adopted without ratification by the people, which was due to the ongoing war situation at the time.
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It created a new government
The New York Constitution of 1777 created a new government for the state, marking its birth as an independent entity. This constitution was the first of its kind and was adopted on April 20, 1777, in Kingston, New York, by a convention of representatives of the state of New York. The constitution was drafted by John Jay, Robert R. Livingston, and Gouverneur Morris, who would later help write the U.S. Constitution.
The new constitution replaced the former colonial charter and its royal authority, declaring independence from Great Britain and establishing a new government necessary for preserving internal peace, virtue, and good order. It created three branches of government: an executive branch, a judicial branch, and a legislative branch. The legislative branch was to consist of a bicameral legislature, with an assembly of the State of New York and a senate of the State of New York meeting at least once a year.
The constitution also established a Council of Revision, a unique institution with a blend of executive and judicial authority. It was composed of the governor, the chancellor, and the justices of the Supreme Court, with the governor presiding and casting a deciding vote in case of a tie. All bills passed by the legislature were to be submitted to the council for review, and it could veto legislation by returning it to the legislature with written objections. However, this veto could be overridden by a two-thirds majority in both houses of the legislature.
In addition to the governmental changes, the 1777 Constitution made significant progress in various other areas. It established a state militia, ratified English grants, and barred the clergy from holding office. It also prompted the development of a taxation system, the creation of political subdivisions, and the frequent revision of statutory law. The constitution also included provisions for the establishment of educational institutions, such as universities, common schools, colleges, academies, and libraries.
The New York Constitution of 1777 was drafted during a challenging period, with the British occupying New York City and the Revolutionary War ongoing. It was a relatively brief document, covering only a few topics, and it retained many aspects of the English constitutional system of government while removing its royal features and abandoning the class system.
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It retained English law and common law
The New York Constitution of 1777 was the first state constitution, marking the birth of the state of New York. It was drafted by John Jay, Robert R Livingston, and Gouverneur Morris, and adopted on April 20, 1777, by a convention of delegates empowered by the people of the colony to establish a state government. The constitution was not submitted to the people for ratification but became effective immediately upon its adoption by the convention.
The 1777 Constitution retained English law and common law. It continued the English statutory and common law, colonial legislation, and English grants to the extent that they were applicable under the new form of government. The constitution's Declaration of Independence from Great Britain and its Constitutional Law retained the essential nature of the colonial government but removed its royal features. The judicial system of the colony and local governments remained unaltered.
The 1777 Constitution was a relatively brief document covering only a few topics. It established three branches of government: an executive branch, a judicial branch, and a legislative branch. The legislative branch was bicameral, consisting of an assembly and a senate. The constitution also created the Council of Revision, a unique institution tasked with reviewing and potentially vetoing legislation passed by the state's bicameral legislature. The council was composed of the governor, the chancellor, and the justices of the Supreme Court, reflecting a blend of executive and judicial authority.
The framers of the 1777 Constitution aimed to create a democratic and free independent state. It was drafted amidst the chaos of the Revolutionary War, and its adoption made the creation of a new New York government necessary for the preservation of internal peace, virtue, and good order. The constitution's fundamental principles became prompts in subsequent constitutions, and it was an extremely valuable document that helped the state make tremendous progress.
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It established a Council of Revision
The New York Constitution of 1777 established a Council of Revision, a unique institution that was tasked with reviewing and potentially vetoing legislation passed by the state's bicameral legislature. The council was composed of the governor, the chancellor, and the justices of the Supreme Court, reflecting a blend of executive and judicial authority.
The Council of Revision held significant oversight powers. All bills passed by the legislature were required to be submitted to the council for review. The council could veto a bill by returning it to the legislature with written objections if it found the bill improper. However, this veto was not absolute, as the legislature could override the council's objections with a two-thirds majority in both houses.
The governor presided over the council and cast the deciding vote in case of a tie. The establishment of the Council of Revision reflected a blend of executive and judicial authority in the state's legislative process. It provided a mechanism for reviewing and potentially vetoing legislation passed by the legislature, ensuring that laws were thoroughly considered and consistent with the constitution and the public good.
The creation of the Council of Revision was one of the most notable innovations of the 1777 Constitution. It demonstrated the framers' commitment to establishing a robust system of checks and balances within the state government. The Council of Revision played a crucial role in ensuring that the laws passed by the legislature were carefully reviewed and aligned with the interests of the people of New York.
The New York Constitution of 1777 was drafted during a tumultuous period in the state's history, as New Yorkers sought to establish a new government while facing occupation by British forces. The constitution was adopted on April 20, 1777, by a convention of representatives of the State of New York, marking the birth of the State of New York as an independent entity. It replaced the former colonial charter and established a democratic and free state, faithful to the English constitutional system of government while removing its royal features.
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It was drafted by three young men
The New York Constitution of 1777 was drafted by three young men: John Jay, Robert R. Livingston, and Gouverneur Morris. All three were affluent, with little experience in public affairs, and were aged 30, 29, and 24, respectively, at the time of their appointments. John Jay is generally credited as the primary author of the constitution.
The constitution was framed by a convention that assembled at White Plains, New York, on Sunday, April 20, 1777, and terminated its labours at Kingston, New York, on the same day, with just one dissenting vote. The constitution was not submitted to the people for ratification but became effective immediately upon its adoption by the convention.
The document was relatively brief, covering only a few topics. It replaced the former colonial charter with its royal authority and established the newly independent "State of New York". The constitution was a combination of its own "Declaration of Independence" from Great Britain and its Constitutional Law.
The constitution created three governmental branches: an executive branch, a judicial branch, and a legislative branch. It called for the election of a governor and 24 senators, with eligible voters defined as men who possessed freeholds of a certain value. It also called for the election of 70 assemblymen for 14 declared counties, who were to be elected by male inhabitants of full age.
The constitution established a state militia, ratified English grants, and barred the clergy from holding office. It also provided for the administration of assistance to the indigent, the formulation of a taxation system, and the creation of political subdivisions. The constitutional principles were later reflected in subsequent constitutions.
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Frequently asked questions
The New York Constitution of 1777 was the first constitution of the newly independent "State of New York", replacing the former colonial charter.
The New York Constitution of 1777 granted New York independence from Great Britain, declaring the possibility of reconciliation as remote and uncertain. It established a new government with three branches: executive, judicial, and legislative.
The constitution established a state militia, a system of taxation, and political subdivisions. It also provided for the administration of assistance to the indigent, and prompted the drafting of a plan for the construction of canals. The document retained the essential nature of the colonial government but removed its royal features.
