USA > New York > Civil List and Constitutional History of the Colony and State of New York > Part 13
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111
PARTIES IN NEW YORK.
of voluntary renunciation, which was so unequally kept, and the belief was common that if the others had adhered to it as strictly, all the grievances would have been redressed.1 It is not strange, therefore, that the Government now gained in strength. Dunmore arrived in October, and assumed the office of Governor. In his address to the Assembly, December 11, he referred to "the salu- tary reconciliation effected by the people of this province," and the Assembly in response said : " The favorable disposition shown by the inhabitants of this colony to renew the commercial intercourse with the mother country will, we trust, be the means of effecting a cordial reconciliation between Great Britain and the colonies, so necessary at all times for the security and preservation of both ; and recommend ns to the favor of our most gracious sovereign." An effort was made to strike this ont of the address, but the motion was lost, 5 to 11. On the 15th of January, 1771, Dimore notified the Assembly that he could not accept any salary from them, and Tryon gave the same notification Februry 13, 1772. While this movement of the Crown was denounced elsewhere, it was passed over in silence by the New York Assembly. Only two votes were cast against the bill providing for troops, February 7, 1771.
The retaliatory measures directed against Boston, in 1774, sharply defined the three parties in New York. There was the Peace party, which controlled the Assembly, and two parties among the people. The mechanics, or " Tribunes," favored the Boston plan of a suspen- sion of trade ; while the merchants, discouraged by its failure, and the lawyers and other patriots, termed " Patricians," favored a General Congress in order to secure concert of effort. There were the party of Peace, the party of Action, and the party of Union. On the 19th of January, a new Committee of Correspondence was appointed in the Assembly, consisting of John Cruger, James Jauncey, Benjamin Seaman, Frederick Philipse, Zebulon Seaman, Simon Boerum, James De Lancey, Jacob Walton, Isaac Wilkins, Daniel Kissam, John Rapalje, John De Noyelles and George Clinton. The radical Sons of Liberty had reorganized in 1773, with a vigilance committee, and on the 14th of May, 1774, sent a vigorous letter to Boston urging a General Congress. The conservative merchants thereupon organized another Committee (the Committee of Fifty-One), which urged concert of action, and a General Congress. The result vindicated the wisdom of the New York statesmen. Boston called the Congress ; and when concert of action
1 Bancroft.
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112
UNION CONSUMMATED.
was secured, vigorous measures naturally followed from earnest men. The American Association for commercial non-intercourse was organized ; the rights of the colonies set forth in a Declaration of Rights framed by a Committee consisting of John Jay, Philip Liv- ingston and Richard Henry Lee, and in addresses, and it was re- solved " that this Congress approve the opposition of the inhabitants of Massachusetts Bay to the execution of the late acts of Parliament, and if the same shall be attempted to be carried into execution by force, in such case all America ought to support them in their op- position." This Union was pronounced by Chatham, in his great speech of January 20, 1775, to be "solid, permanent and effectnal," for " its real stamina are to be looked for among the cultivators of the land. * * * These true sons of earth are invincible."
New York was now united. The voice of the People had been harmonized ; but the Tories in the Assembly heeded it not. On the 26th of January, a motion to take into consideration the pro- ceedings of the Continental Congress, made by Colonel Ten Broeck, was lost, 11 to 12. On the 1st of February Chatham brought forward in Parliament his plan for " true reconciliation and national accord," and it was defeated on its first reading. On the 9th of February, Parliament presented a sanguinary address to the King, which amounted to a declaration of war. On the 16th of February, the Tory Assembly of New York refused to agree to a motion made by Col. Schyler, to place on record the correspondence of its own committee with other colonies ; on the 17th voted down resolu- tions of thanks to the delegates to the Continental Congress offered by Colonel Woodhull ; on the 21st refused to thank the non-im- porting merchants, and on the 23d declined to send delegates to the next Continental Congress. The same day, the Committee on Grievances, appointed to " supplicate the throne " for rights which it insolently denied, in pursuance of the Peace policy of Colden in his address of January 10th, submitted a report, which was considered March 24. The Unionists of that day, under the lead of Schuyler, in vain endeavored to strike out its humiliating clauses, and it was adopted on the 25th. The Ministry heard of the action of the 26th of January early in March, and were greatly encouraged by it ; Dart- mouth saying on the 3d that the Assembly had shown a good dis- position toward reconciliation with " the mother country," and New York was the recipient of disgraceful favors in consequence. The petitions, adopted March 25th, were presented by Burke May 15th, and rejected because the right of Parliament to tax America was
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THE PROVINCIAL CONVENTION. 113
denied. And still they had the hardihood to think that North's con- ciliatory resolution " would remove all obstacles to the restoration of public tranquillity," through " the moderation and loyal disposi- tion of the Assembly of New York." That Assembly adjourned April 3d to May 3d. It was prorogued from time to time, and never met again. Thus ingloriously ended a legislative body, which had a most glorious beginning nearly a century before.
The Committee of Fifty-one, having served its purpose of secur- ing united action, was dissolved in November, 1774, and was suc- ceeded by a Committee of Sixty, charged with the duty of "carry- . ing into execution the Association entered into by the Continental Congress." This Executive Committee, the General Assembly hav- ing refused to comply with the recommendations of the Continental Congress, to choose deputies to attend another meeting of that body, issued a call, in the month of March, 1775, to the several counties throughout the Province, to elect deputies to a PROVINCIAL CONVEN- TION, to be held in New York city on the 20th of April, for the pur- pose of choosing Delegates to represent the Colony in the aforesaid Continental Congress. This Convention met accordingly at the Ex- change in New York, on the day appointed.
DEPUTIES TO THE PROVINCIAL CONVENTION.
President-PHILIP LIVINGSTON.
Secretary-JOHN MCKESSON.
Albany.
Peter R. Livingston, 1. 2 Walter Livingston, Philip Schuyler, 2 Abraham Ten Broeck, 2 Abraham Yates, Jr.
Nao York .
John Alsop. Abraham Brazier, James Dnane, John Jav,
John Haring, Ann Hawkes Hay, Israel Seely, Henry Wisner. Queens. Jacob Blackwell, Joseph Robinson, Jolm Talman, Zebnlon Williams.
Nathaniel Woodhull. 2
Ulster.
George Clinton, 2 Charles De Witt, 2 Levi Pawling.
Dutchess.
Francis Lewis,
Leonard Li-penard, 3
Egbert Benson, Morris Graham,
Robert R. Livingston, Jr.2
Kings.
Simon Boerum, 2 Denice Denice. Theodorns Polhemns, Richard stillwell,
Orange.
Peter Clowes,
Suffolk. Phineas Fanning, William Flovd. John Stos Hobart, Thomas Tredwell, Thomas Wickbam, 1
Samuel Drake, Robert Graham. James Holines, 1 Lewis Morris, 1 Jonathan Platt, 1 John Thomas, Jr., Philip Van Cortlandt, Stephen Ward.
This Convention elected delegates to the Continental Congress, " to concert and determine upon such measures as shall be judged most effectnal for the preservation and re-establishment of American rights and privileges, and for the restoration of harmony between Great Britain and her colonies." Having transacted the only busi- ness for which it was called, it dissolved itself April 22d. The next day (Sunday) a rumor reached the city of the battle of Lexington.
I Did not attend the Convention.
2 Members of the last General Assembly.
3 Member of the General Assembly 1759-6%.
+ Member of last General Assembly, but unseated for non-residence in district elected frou.
15
Westchester.
Philip Livingston, 3, 4 Isaac Low. 1
Alexander Me Dougall, Isaac Roosevelt,
Abraham. Walton.
Jolin Vanderbilt.
5
114
COMMITTEE OF ONE HUNDRED.
The People had already become greatly excited by the warlike news from London and Boston. Two transports at the wharf had been cut loose, and an attempt made to seize the King's magazine, at Turtle Bay. The citizens now burst all restraints; instantly emptied the vessels laden with provisions for Boston ; seized five hundred and thirty stand of arms lodged in the city hall; took possession of the powder house ; organized military companies, which paraded publicly through the streets, and published a declaration that no vessel should be allowed to clear for Boston or Halifax.
It now became necessary to increase the Executive Committee and to reorganize it as a Provisional War Committee or Committee of Resistance. This was done by the People, at a meeting held on the 1st of May.
COMMITTEE OF ONE HUNDRED.
John Alsop,
James Duane,
John Lasher,
John Anthony,
Daniel Dunscomb,
Jacobns Lefferts, Francis Lewis,
Evert Bancker, Francis Bassett,
Gerardus Duyckinck,
Lawrence Embree,
Leonard Lispenard, Peter V. B. Livingston,
David Beekman,
Edward Fleming,
Philip Livingston,
James Beekman,
George Folliott,
Abraham P. Lott,
Robert Benson, John Berrien,
Walter Franklin,
William W. Gilbert, Peter Goelet,
Cornelius P. Low, Isaac Low,
Victor Bicker,
Michaelis Bogert,
William Goforth,
Gabriel W. Ludlow,
Abraham Brasher,
Joseph llallett,
William W. Indlow,
Abraham Brinkerhoff,
Benjamin Helme,
John Broome,
Nicholas Ilottman,
Alexander Me Dougall, John Marston,
Sammel Broome,
Jolm Imlay,
Thomas Marston.
Thomas Buchannan,
Thomas Ivers,
Eleazer Miller,
Joseph Bull,
George Janeway,
Lancaster Burling,
Frederick Jay,
Petrus Byvank,
John Jay,
Herenles Mulligan,
David Clarkson, Cornelius Clopper,
David Johnson, Samuel Jones,
Lindley Murray,
Peter T. Cartenius,
Garrat Keteltas,
Willlam Walton,
John De Lancey,
Benjamin Kissam,
John White,
William Denning,
William Lalght,
Richard Yates,
James Desbrosses,
John Lamb,
Thomas Randall, Robert Ray,
Hamilton Young.
Theophilus Anthony,
Abraham Duryee,
Gabriel HI. Landlow,
John Reade, Henry Remsen, Rudolphus Ritzema, Isaac Roosevelt, Nicholas Roosevelt, Comfort Sands, John Morin Scott, Isaac Sears, William Seton, Richard Sharp, Thomas Smith, Oliver Templeton, Joseph Totten. John Van Cortlandt, Anthony Van Dam,
John B. Moore, John Morton.
Angustns Van Ilorn, Peter Van Schaack, Jacob Van Voorhees, Jacobus Van Zandt, Samuel Verplanck, Abraham Walton,
Daniel Phoenix, Lewis Pintard, Jeremiah Platt.
This Committee "resolved to stand or fall with the liberty of the Continent," thus indignantly spurning England's bribe to New York to betray her sister colonies. On the 5th, an address was forwarded to the Lord Mayor and Corporation of London, the signatures to which were headed by John Jay. It declared that they "could never submit to slavery. The disposal of their own property with perfect spontaneity is their indefeasible birthright. This they are determined to defend with their blood, and transfer to their posterity. The present machinations of arbitrary power, if unremittedly pur- sued, will, by a fatal necessity, terminate in the dissolution of the empire. This country will not be deceived by measures conciliatory in appearance. We cheerfully submit to a regulation of commerce by the Legislature of the parent State, excluding in its nature every idea of taxation. * All the horrors of civil war will never
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115
BIRTHDAY OF THE STATE.
compel America to submit to taxation by authority of Parliament." This letter was received in London June 24, and was approved and indorsed by the people and local officials; but goverment was blinded to the situation. The Committee also resolved to withhold supplies, and to repel any attempt to enforce taxation by Parliament; and in consequence of "the sanguinary measures adopted by the British Ministry against our brethren in Massachusetts," circu- lars were sent to the various counties, inviting them to elect dele- gates to a PROVINCIAL CONGRESS, to meet in the city of New York on the 22d of May, "to deliberate upon, and from time to time to direct such measures as may be expedient for .our common safety." Fourteen members of Assembly, most of them belonging to the Tory majority, appealed to Gen. Gage against the use of force, and the Council sent two agents to London, to inform his Majesty that the Boston army had greatly injured the cause of the King. Indeed, in the words of the Council on this 'occasion, his Majesty's govern- ment in the province was prostrated. The Assembly had adjourned from the 3d of April to the 3d of May. On the 1st of that month it was prorogued to July ; but on the 22d the Provincial Congress became, in fact, its snecessor. The Convention which framed the State Constitution fixed the 19th day of April as the day on which lawful Royal rule in this State ceased, and ordained that the law of the Colony as it existed on that day, with " the resolves or resolutions of the Congresses of the Colony of New York, and of the Convention of the State of New York, now in force, and not repugnant to the government established by this Constitution, shall be considered as making part of the laws of this State." The first Congress ratified the acts of the Provincial Convention. Its action thus became the first act of the State of New York. The Congresses became regular legislative bodies, by constitutional approval, and we therefore incluide the names of their members under the Legislative Department.
The Continental Congress in May, 1776, adopted a resolution declaring it " necessary that the exercise of every kind of authority under the Crown should be totally suppressed, and all the powers of government exerted under the authority of the People of the Colo- nies ; " and it therefore recommended the various Congresses to con- sider the propriety of organizing new governments. On the 31st of May, the Provincial Congress of New York adopted a resolution recommending that in consequence of the " dissolution of the former government by the abdication of the late Governor and the exclu- sion of this Colony from the protection of the King of Great Britain,"
3
饮。
116
CONTINENTAL CONGRESS.
that deputies be elected "to institute and establish such a govern- ment as they shall deem best calculated to secure the rights, liberties and happiness of the good People of this Colony." Articles of Con- federation and Perpetual Union were adopted by the Continental Congress, November 15, 1777, and ratified by the Legislature of this State, February 6, 1778. Under these Articles, delegates were to be appointed annually by the several State Legislatures, and were liable to be recalled at will. No person could be appointed for more than three years in six, nor hold any other office under government for which he might receive fees or rewards. Delegates were paid by the States they represented, and no State could have less than two nor more than seven delegates. New York sent five, and, on special occasions, a sixth. They were commissioned by the Council of Ap- pointment. Votes in this Congress were given by States, each being entitled to one voice, and the consent of nine States was necessary to complete an act of legislation. The Union was declared perpetual.
DELEGATES TO THE CONTINENTAL CONGRESS.
First Delegates.
Jolin Alsop,
Simon Boerum,
James Duane,
William Floyd,
Jolin Haring,
John Jay.
Philip Livingston, Isaac Low,
Henry Wisner.
April 20, 1775. 1
John Alsop,
Simon Boerum,
George Clinton,
James Duane,
Charles De Witt,
James Duane,
John Jay,
Peter W. Yates,
Abraham Yates, Jr.,
Robert R. Livingston,
Col. Lewis Morris, 2
Col. Philip Schuyler, Henry Wisner.
October 18, 1779.
October 26, 1784.
March 29, 1777.
William Dner.
May 13, 1777. 3
James Dnane,
William Duer,
Philip Livingston,
Ezra L'Hommedieu, Alexander McDougall, Phillip Schuyler,
John Morin Scott,
Robert R. Livingston. 9
October 26, 1781.
Egbert Benson,
Ephraim Paine. Melaneton Smith. 11
1 Chosen by a Provincial Convention, assembled at New York for that purpose, and recognized by resolu- tion of Provincial Congress, June 23, 1775. (Journal N. Y. Provincial Congress, i, 5, 51. ) 2 Signers of the Declaration of Independence.
3 Chosen by the Convention of the State of New York, (Journal N. Y. Provincial Congress, i, 931. ) 4 Appointed by the Legislature. 5 Special delegate, to serve as long as those then in Congress.
6 Continued by resolution of Legislature of August 27, till October 15, 1779. Chief Justice (speclal dele- 7 In place of Jay, Minister to Madrid. 8 Special delegate till April 1.
gate. )
9 Special delegate till March 1.
10 Comnilssion dated November 4, 1784. Il Additional.
1
James Duane, William Duer, Francis Lewis,
Philip Livingston, Gouverneur Morris.
James Duane, William Floyd,
; Ezra L'Hommedieu, Philip Schuyler, Joli Morin Scott.
July 22, 1782.
October 16, 1773.
James Duane,
William Floyd, Francis Lewis. Gouverneur Morris. Philip Schuyler.
Alexander Hamilton, Ezra L'Hommedien, Jolin Morin Scott.
February 27, 1766. John Haring. Melaneton Smith, Zephanlah Platt, Jolm Lawrence, Peter W. Yates.
January 26, 1787. John Haring, Melancton Smith,
Francis Lewis, 2
William Floyd,
John Lansing, Jr.,
Philip Livingston, 2
John Jay,
Ezra L'onnedieu, .John Morin Scott.
Alexander McDougall, Ephraim Paine.
Egbert Benson. John Lansing, Jr.
.Phillip Schuyler, 7 Robert R. Livingston, 8 Chancellor.
John Lansing, Jr ..
Walter Livingston,
Melancton Smith,
Zephanlah Platt. 10
Abraham Yates, Jr., Leonard Gansevoort.
September 12, 1750. James Duane, William Floyd,
December 2, 1784. Robert R. Livingston. March 19, 17:5.
January 30, 1788. Abraham Yates, Jr., David Gelston, Philip Pell,
October 3, 1777. 4
Jolin Lawrence,
Alexander MeDougall, John Haring,
March 29, 1785.
Peter W. Yates, John Lawrence, John Haring, Zephaninh Platt. Melancton Smith.
James Duane. William Floyd,
Norember 4, 1778.
February 3, 1751.
Egbert Benson,
John Jay. 6, 12 October 1, 1779.
William Floyd, 2 John Jay,
James Duane,
Walter Livingston,
Egbert Benson,
John Jay,
February 2, 1788. Ezra L'Hommedleu, Egbert Benson, Alexander Hamilton,
Gonvernenr Morris, Philip Schuyler.
John Hathorn. Samuel Jones.
12 Elected President of the Congress December 10, 1778, and held the office until his successor was chosen September 28, 1779.
March 25, 1778. Philip Schuyler. 5
هيه
CONSTITUTIONS OF THE STATE.
The Constitution of the Colony was substantially perfected in 1664. The sovereignty of the People and the supremacy of the Assembly were virtually recognized, although not securely estab- lished. The Executive department of the government was adminis- tered with considerable regard for the general welfare, and the Judi- cial department was practically under the control of the people. The principal object of contention had been the disposition of the revenue. The liberty of the press and religious freedom had been secured, but the equality of churches, before the law, had not been admitted. The Crown had vetoed several acts incorporating churches, and endeavored to secure the establishment of the Church of England. The People then entered upon a struggle to preserve what they had secured, and to surround their natural rights and civil liberties with organic laws in affirmation and protection thereof. They were the leaders in the organization of free institutions among the colonies, and the pioneers in the work of uniting them under one government. Their sagacious perception of the necessity of Union, their implicit reliance upon Law, and their staunch devotion to Liberty, were submitted to crucial tests, and their consecrated ener- gies were as conspicuous as their conservative policy was fruitful of lasting results.
The Fourth Provincial Congress, which met July 9, 1776, assumed the name of the Convention of Representatives' of the State of New York, July 10. The preceding day it had " Resolved, unani- mously, that the reasons assigned by the Continental Congress for declaring the United Colonies free and independent States are cogent and conclusive, and that, while we lament the cruel necessity which has rendered that . measure unavoidable, we approve the same, and will, at the risk of our lives and fortunes, join with the other Colo- nies in supporting it." Thus the new STATE OF NEW YORK Was
1 As this Convention was the supreme legislative body of the State, during its existence, the names of its members will be found in their chronological order, in the Legislative Department.
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118
SOVEREIGNTY OF THE PEOPLE.
formally ushered into existence. On the 1st of August the follow- ing Committee, to prepare a form of government, was appointed :
John Jay, John Stoss Hobart, William Smith, Williant Duer,
Gouverneur Morris, Robert R. Livingston, John Broomne,
John Morin Scott, Abraham Yates, Jr., Henry Wisner,
Samuel Townsend, Charles De Witt, Robert Yates.
This Committee reported March 12, 1777, which report was dis- cussed until April 20th following, when the First Constitution of the State of New York was adopted.
The preamble, after declaring that "the many tyrannical and oppressive usurpations of the King and Parliament of Great Britain on the rights and liberties of the People of the American Colonies had redneed them to the necessity of introducing a government by con- gresses and committees, as temporary expedients, and to exist no longer than the grievances of the People should remain without redress," recited the resolution of the Congress of the Colony of New York, adopted May 31 (including the resolution of the Continental Con- gress), relative to the institution of a new goverment, and the Declaration of Independence, in order to demonstrate that the Sov- ereign had not only usurped unconstitutional powers, but had abdi- cated the lawful powers he possessed in England.
The flight of James was construed as an abdication, but the Con- vention which deposed him doubted its own powers, and deemed them less than those of a Parliament convened by the King's writ, notwithstanding that, originally, the King derived his authority from the People and not they from him. In New York, the abandon- ment of the government by the representatives of the Crown was held to be a refusal by the servants of the People to execute their trusts; and, indeed, to have left no one to dispute the sovereignty of the People. Their will was hence first sought by fresh elections, and then was declared to be the sole source of all authority. The preamble of the First Constitution of the State therefore proceeds to say that " by virtue of which several acts, declarations and proceed- ings mentioned and contained in the aforesaid resolves or resolu- tions of the General Congress of the United American States and of the Congresses or Conventions of this State, all power whatever therein hath reverted to the People thereof, and this Convention hath by their suffrages and free choice been appointed, and among other things authorized to institute and establish such a government as they shall deem best calculated to secure the rights and liberties of the good People of this State, most conducive to the happiness
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119
SUPREMACY OF THE ASSEMBLY.
and liberty of their constituents in particular, and of America in general. This Convention, in the name and by the authority of the good People of this State, doth ordain, determine and declare, that no authority shall, on any pretense whatever, be exercised over the People or members of this State, but such as shall be derived from and granted by them." Here, in emphatic terms, and in marked contrast to that English spirit which deemed a Convention elected by authority of the King more legitimate than one emanating from the People, precisely the reverse was held ; and the freedom of every citizen from any interference whatever, except in pursuance of authority conferred by the People, was explicitly affirmed, and the purpose of the State government was declared to be not only the happiness and liberty of the People of the State but of America in general. Union and Liberty were thus held inseparable, as they had been from the first beginnings of the conflict with the Crown in 1764.
The framers of the Constitution, after affirming the sovereignty of the People, sought to secure the supremacy of the Assembly, their immediate representatives. The control of the finances had been the first subject of contention with the Crown ; and it was provided that the State Treasurer should be appointed by statute originating with the Assembly. The concurrence of the Senate was thus matter of form, although it provided a check against a dangerous appoint- ment. On the 26th of October, 1778, the Senate unanimously adopted a resolution affirming its equal rights to originate money bills; and on the 4th of November the Assembly adopted a resolu- tion denying it, under the clause of the Constitution which provided that it should " enjoy the same privileges and proceed in doing busi- ness in like manuer as the Assemblies of the Colony of New York of right formerly did."
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