The Constitution of the State of New York establishes the structure of the government of the
State of New York
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state ...
, and enumerates the basic rights of the
citizens
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
of New York. Like most
state constitutions in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, 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
The New York Court of Appeals is the highest court in the Unified Court System of the 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 and confirmed by ...
has seen fit to interpret analogous provisions differently from
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
's interpretation of federal provisions.
The State of New York has held nine Constitutional Conventions: in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, and 1967; a Constitutional Commission in 1872–1873; and a Judicial Convention in 1921. Despite this, the state has had only four essentially ''
de novo'' constitutions in its history, those of 1777 (replacing the former colonial charter), 1821, 1846, and 1894.
During the 20th century, the State held three constitutional conventions, the efforts of two of which were rejected by the New York State electorate. However, portions of the seventh Convention's proposals of 1915 were adopted separately later in 1925 and 1927. The eighth Constitutional Convention of 1938, unlike all other state constitutional conventions since 1801, did not actually propose an entirely new Constitution, but just substantially modified the 1894 Constitution, from the sixth Convention, which was (and is) still in force.
Current Constitution
New York's constitution consists of a preamble and 20 articles. It was last amended on January 1, 2018.
Preamble
We The People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.
Article I: Bill of Rights
Article I establishes the rights and personal freedoms of the people, as well as the responsibilities and limitations of the government. Many of the provisions in this article are similar to those in the
Constitution of the United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nati ...
. Some provisions included are
freedom of speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
, a
trial by jury
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.
Jury trials are used in a significan ...
,
freedom of worship,
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, ...
, and security against unreasonable search and seizures.
Article II: Suffrage
Article II describes the rights and requirements involved in voting. All citizens over eighteen are allowed to vote if they have been a resident at least 30 days before the date of an election. Any form of bribery or compensation to compel the giving or withholding of a vote is not allowed. The article also establishes the general operation of absentee ballots, voter registration, and elections.
Article III: Legislature
Article III establishes the powers and limitations of the
bicameral
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...
New York State Legislature
The New York State Legislature consists of the two houses that act as the state legislature of the U.S. state of New York: The New York State Senate and the New York State Assembly. The Constitution of New York does not designate an officia ...
, which consists of a Senate containing 50 members initially, and an Assembly containing 150 members. Except for Senators elected in 1895 who served three-year terms, every legislative member is elected to two-year terms. The current number of Senators is set by State Law §123, and the number of Senate districts is set at 63 by State Law §124; currently, there are 63 Senate seats. The legislative process, such as the passage of bills, is also described in this article.
The article includes rules and processes for drawing legislative districts and making apportionments. The
United States Census is used to determine the number of inhabitants; if it is not carried out or fails to provide this information, then the state Legislature has the power to enumerate its inhabitants. Whenever districts must be amended, an "independent redistricting commission" composed of ten members (two appointed by the
temporary president of the Senate, two appointed by the
Speaker of the Assembly, two appointed by the Senate Minority Leader, two appointed by the Assembly Minority Leader, and two appointed by the eight other appointed members) is created. Drawing of district lines must not violate
racial or language minority voting rights. Each district must contain "as nearly as may be an equal number of inhabitants"; if it does not the commission must provide a reason. Additionally, districts must consist of a contiguous territory and be "as compact in form as practicable".
Emergency powers are described in Section 25. The legislature is granted the power to enact measures allowing the continuity of government, and "provide for prompt and temporary succession" of public offices if they were to become unavailable in the event of an emergency caused by "enemy attack or by disasters (natural or otherwise)". The final paragraph states: "Nothing in this article shall be construed to limit in any way the power of the state to deal with emergencies arising from any cause".
Article IV: Executive
Article IV states that executive branch powers are vested in the governor and lieutenant governor, who are elected jointly to serve four-year terms. The governor can
veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
legislative bills, is the commander-in-chief of the state's military, can convene the legislature "on extraordinary occasions", and has the power to grant
pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
s for all offenses except treason and impeachment. The
order of succession
An order of succession or right of succession is the line of individuals necessitated to hold a high office when it becomes vacated such as head of state or an honour such as a title of nobility.[comptroller
A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accounting and financial reporting of an organization. A financial comptroller is a senior-level execut ...]
and
attorney-general
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
as well as the operation of the
civil departments, of which there can be at most 20.
Article VI: Judiciary
Article VI describes the judicial branch, including the
court systems
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, the operation of trials, and the conditions for appointing and removing judges and justices. It contains 37 sections, more than any other article.
Article VII: State Finances
Article VIII: Local Finances
Article IX: Local Governments
Article X: Corporations
Article XI: Education
Article XII: Defense
Article XIII: Public Officers
Article XIV: Conservation
Article XV: Canals
Article XVI: Taxation
Article XVII: Social Welfare
Article XVIII: Housing
Article XIX: Amendments to Constitution
Article XX: When to Take Effect
Article XX describes the day that the constitution will take effect, which is January 1, 1939.
Constitution of New York, 1777
The
Fourth New York Provincial Congress, resolving itself as the ''Convention of Representatives of the State of New York'', adopted the first constitution of the state of New York on April 20, 1777.
The
Province of New York
The Province of New York (1664–1776) was a British proprietary colony and later royal colony on the northeast coast of North America. As one of the Middle Colonies, New York achieved independence and worked with the others to found the U ...
was established after the naval invasion and absorption of the previous
Dutch
Dutch commonly refers to:
* Something of, from, or related to the Netherlands
* Dutch people ()
* Dutch language ()
Dutch may also refer to:
Places
* Dutch, West Virginia, a community in the United States
* Pennsylvania Dutch Country
People E ...
Colony of
New Netherlands
New Netherland ( nl, Nieuw Nederland; la, Novum Belgium or ) was a 17th-century colonial province of the Dutch Republic that was located on the east coast of what is now the United States. The claimed territories extended from the Delmarva P ...
. The original proprietor was the
Duke of York
Duke of York is a title of nobility in the Peerage of the United Kingdom. Since the 15th century, it has, when granted, usually been given to the second son of English (later British) monarchs. The equivalent title in the Scottish peerage was ...
, the future
James II of England
James VII and II (14 October 1633 16 September 1701) was King of England and King of Ireland as James II, and King of Scotland as James VII from the death of his elder brother, Charles II, on 6 February 1685. He was deposed in the Glorious Re ...
and
James VII of Scotland and younger brother of the then-
King of England
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Baili ...
,
Charles II. Its
Colonial Charter A charter is a document that gives colonies the legal rights to exist. Charters can bestow certain rights on a town, city, university, or other institution.
Colonial charters were approved when the king gave a grant of exclusive powers for the go ...
was under authority from the
Monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
, (the
King or Queen of Great Britain) of the
Kingdom of England
The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain.
On ...
and later of
Great Britain
Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It ...
, after the
Act of Union of 1707 which united
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
and the formerly independent
kingdom of
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
The First Constitution of 1777, which replaced this Colonial Charter with its royal authority, for the newly independent "
State of New York
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state ...
" was framed by a
Convention which assembled at
White Plains, New York
(Always Faithful)
, image_seal = WhitePlainsSeal.png
, seal_link =
, subdivision_type = Country
, subdivision_name =
, subdivision_type1 = State
, subdivision_name1 =
, subdivis ...
, (just north of
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
) on Sunday evening, July 10, 1776. The city was then threatened with a
British
British may refer to:
Peoples, culture, and language
* British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies.
** Britishness, the British identity and common culture
* British English, ...
occupation by an invading
British Army
The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gurkha ...
landing on
Staten Island
Staten Island ( ) is a Boroughs of New York City, borough of New York City, coextensive with Richmond County, in the U.S. state of New York (state), New York. Located in the city's southwest portion, the borough is separated from New Jersey b ...
. There were repeated adjournments and changes of location, caused by the increasingly desperate war situation, with General
George Washington
George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of ...
's ragged
Continental Army
The Continental Army was the army of the United Colonies (the Thirteen Colonies) in the Revolutionary-era United States. It was formed by the Second Continental Congress after the outbreak of the American Revolutionary War, and was establis ...
, forced out of
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
by crushing defeats in the
New York and New Jersey campaign
The New York and New Jersey campaign in 1776 and the winter months of 1777 was a series of American Revolutionary War battles for control of the Port of New York and the state of New Jersey, fought between British forces under General Sir Willi ...
.
The work of creating a democratic and free independent state continued by the Convention through the bitter winter with the British quartered in the City of New York and Washington's few thousand troops camped in winter quarters to the southwest in
Morristown, New Jersey
Morristown () is a town and the county seat of Morris County, in the U.S. state of New Jersey.[Kingston, New York
Kingston is a city in and the county seat of Ulster County, New York, United States. It is north of New York City and south of Albany. The city's metropolitan area is grouped with the New York metropolitan area around Manhattan by the Unite ...]
, on Sunday evening, April 20, 1777, when the new Constitution was adopted with but one dissenting vote, and then adjourned. The site is now
Senate House State Historic Site
The Senate House State Historic Site is located on Fair Street in Kingston, New York, United States. During the Revolutionary War, New York's First Constitutional Convention met there and on April 20, 1777, adopted the first New York State Con ...
. The constitution was not submitted to the people for ratification, however because of the war situation. It was drafted by
John Jay
John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the f ...
,
Robert R. Livingston, (new
Chancellor of the State of New York), and
Gouverneur Morris
Gouverneur Morris ( ; January 31, 1752 – November 6, 1816) was an American statesman, a Founding Father of the United States, and a signatory to the Articles of Confederation and the United States Constitution. He wrote the Preamble to th ...
, noted financier for the Revolutionary Colonial war effort.
This Constitution was a combination document, containing its own "Declaration of Independence" from
Great Britain
Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It ...
, and its
Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
. It called for a weak
bicameral
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...
legislature (Assembly and State Senate) and a strong executive branch with a
governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
. It retained provisions from the Colonial Charter such as the substantial property qualification for voting and the ability of the Governor to prorogue (dismiss) 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
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
was legal in New York until 1827.
Under this Constitution, the lower chamber Assembly had a provision for a maximum of 70 Members, with the following apportionment:
#For the City and County of
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
(that is, Manhattan Island), nine.
#The City and County of
Albany (Now Albany, Columbia, Rensselaer, Saratoga, Greene, Schoharie, and Schenectady Counties), ten
#
Dutchess County
Dutchess County is a county in the U.S. state of New York. As of the 2020 census, the population was 295,911. The county seat is the city of Poughkeepsie. The county was created in 1683, one of New York's first twelve counties, and later or ...
(now Dutchess and
Putnam counties), seven.
#
Westchester County
Westchester County is located in the U.S. state of New York. It is the seventh most populous county in the State of New York and the most populous north of New York City. According to the 2020 United States Census, the county had a population ...
(now Bronx and Westchester counties), six.
#
Ulster County, (now Ulster and Sullivan Counties, and the northern part of Orange County) six.
#
Suffolk County, five.
#
Queens County (now Queens and Nassau Counties), four.
#
Orange County (now the southern part of Orange County, as well as Rockland County), four.
#
Kings County Kings County or King's County may refer to:
Places Canada
*Kings County, New Brunswick
*Kings County, Nova Scotia
*Kings County, Prince Edward Island
** King's County (electoral district), abolished in 1892
Ireland
* County Offaly, formerly calle ...
, two.
#
Richmond County, two.
#
Tryon County (now
Montgomery County; included all of New York State to the west, to
Lake Ontario
Lake Ontario is one of the five Great Lakes of North America. It is bounded on the north, west, and southwest by the Canadian province of Ontario, and on the south and east by the U.S. state of New York. The Canada–United States border sp ...
and
Lake Erie
Lake Erie ( "eerie") is the fourth largest lake by surface area of the five Great Lakes in North America and the eleventh-largest globally. It is the southernmost, shallowest, and smallest by volume of the Great Lakes and therefore also ha ...
).
#
Charlotte County (now
Washington County; included the present Clinton, Essex, Franklin, and St. Lawrence counties), four.
#
Cumberland County Cumberland County may refer to:
Australia
* Cumberland County, New South Wales
* the former name of Cumberland Land District, Tasmania, Australia
Canada
*Cumberland County, Nova Scotia
United Kingdom
*Cumberland, historic county
*Cumberla ...
(seceded January 15, 1777 to the
Vermont Republic
The Vermont Republic (French: ''République du Vermont''), officially known at the time as the State of Vermont (French: ''État du Vermont''), was an independent state in New England that existed from January 15, 1777, to March 4, 1791. The s ...
), three.
#
Gloucester County (seceded January 15, 1777 to the
Vermont Republic
The Vermont Republic (French: ''République du Vermont''), officially known at the time as the State of Vermont (French: ''État du Vermont''), was an independent state in New England that existed from January 15, 1777, to March 4, 1791. The s ...
), two.
This apportionment stood unchanged until seven years after the end of the
Revolutionary War, in 1790, when the First
United States Census was held to correct apportionments.
On the subject of
enfranchisement
Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
, Article VII of the new constitution said:
: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.
Constitutional Convention of 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 Appointment The Council of Appointment (sometimes also Council of Appointments) was a body of the Government of New York that existed from 1777 to 1822.
History
Under the New York Constitution of 1777, the Council of Appointment consisted of the Governor of N ...
.
Governor John Jay sent a special message to the lower chamber (
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits.
The Ass ...
) on February 26, 1801, and the same message to the upper chamber (
New York State Senate
The New York State Senate is the upper house of the New York State Legislature; the New York State Assembly is its lower house. Its members are elected to two-year terms; there are no term limits. There are 63 seats in the Senate.
Partisan comp ...
) 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 George Clinton. Governor Jay claimed that under the Constitution the Governor had the exclusive right of nomination, but 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, 1801, 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 chamber 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; the Convention met on the second Tuesday in October at Albany. It ended two weeks later on October 27, 1801.
Among the delegates were
DeWitt Clinton
DeWitt Clinton (March 2, 1769February 11, 1828) was an American politician and naturalist. He served as a United States senator, as the mayor of New York City, and as the seventh governor of New York. In this last capacity, he was largely re ...
(future governor),
James Clinton
Major General James Clinton (August 9, 1736 – September 22, 1812) was an American Revolutionary War officer who, with John Sullivan, led in 1779 the Sullivan Expedition in what is now western New York to attack British-allied Seneca and ...
,
William Floyd
William Floyd (December 17, 1734 – August 4, 1821) was an American Founding Father, wealthy farmer, and political leader from New York. Floyd served as a delegate to the Continental Congress and was a signer of the Continental Association and ...
,
Ezra L'Hommedieu
Ezra L'Hommedieu (August 30, 1734 – September 27, 1811) was an American lawyer and statesman from Southold, New York in Suffolk County, Long Island. He was a delegate for New York to the Continental Congress (1779 to 1783) and again in 1788. Hi ...
,
Smith Thompson,
Daniel D. Tompkins
Daniel D. Tompkins (June 21, 1774 – June 11, 1825) was an American politician. He was the fifth governor of New York from 1807 to 1817, and the sixth vice president of the United States from 1817 to 1825.
Born in Scarsdale, New York, Tompkins ...
,
John Vernon Henry
John Vernon (or Vernor) Henry (1767 – October 22, 1829) was an American lawyer and politician.
Life
John V. Henry was born in 1767, the son of Robert and Elizabeth Vernor Henry. He was admitted to the bar in 1782. He was a Federalist membe ...
,
William P. Van Ness
William Peter Van Ness (February 13, 1778 – September 6, 1826) was a United States district judge of the United States District Court for the District of New York and the United States District Court for the Southern District of New York, also ...
, and
Vice President of the United States
The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice p ...
Aaron Burr
Aaron Burr Jr. (February 6, 1756 – September 14, 1836) was an American politician and lawyer who served as the third vice president of the United States from 1801 to 1805. Burr's legacy is defined by his famous personal conflict with Alexand ...
, 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 governor 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 32.
*The assembly was given 100 members, and provision was made for a possible increase to 150, by additions to be made after each census.
*The right of nomination, formerly vested in the governor only (as
John Jay
John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the f ...
, the original author/contributor of the 1777 Constitution, meant it), was given now to each member of the
Council of Appointment The Council of Appointment (sometimes also Council of Appointments) was a body of the Government of New York that existed from 1777 to 1822.
History
Under the New York Constitution of 1777, the Council of Appointment consisted of the Governor of N ...
and the Governor concurrently.
Constitutional Convention of 1821
In 1821, the power struggle between Governor
DeWitt Clinton
DeWitt Clinton (March 2, 1769February 11, 1828) was an American politician and naturalist. He served as a United States senator, as the mayor of New York City, and as the seventh governor of New York. In this last capacity, he was largely re ...
and the
Bucktails
The Bucktails (1818–1826) were the faction of the Democratic-Republican Party in New York State opposed to Governor DeWitt Clinton. It was influenced by the Tammany Society. The name derives from a Tammany insignia, a deer's tail worn in the ha ...
faction of the
Democratic-Republican Party
The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the earl ...
led to the call for a Constitutional Convention by the Bucktail members of the legislature, against Clinton's fierce opposition. Their intention was 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 did not have a two-thirds majority in the legislature to override the veto. During the regular session (beginning in January 1821), the Legislature passed a new bill that put the question to the people. At the state election in April 1821, the people voted in favor of the convention.
The convention met from August to November in
Albany. U.S. Vice President
Daniel D. Tompkins
Daniel D. Tompkins (June 21, 1774 – June 11, 1825) was an American politician. He was the fifth governor of New York from 1807 to 1817, and the sixth vice president of the United States from 1817 to 1825.
Born in Scarsdale, New York, 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.
There was deep division among New Yorkers over the merits of the amended constitution. Those who opposed it and who did not sign included:
* Vice President Daniel D. Tompkins
*
Ambrose Spencer
Ambrose Spencer (December 13, 1765March 13, 1848) was an American lawyer and politician.
Early life
Ambrose Spencer was born on December 13, 1765 in Salisbury in the Connecticut Colony. He was the son of Philip Spencer and Mary (née Moore) Sp ...
, Chief Justice of New York
*
James Kent. Chancellor of the
New York Court of Chancery
*
William W. Van Ness
William W. Van Ness (1776–1823) was a New York lawyer, state judge and legislator. From Claverack, New York
Claverack is a town in Columbia County, New York, United States. The population was 6,021 at the 2010 census. The town name is a cor ...
, Justice of the New York Supreme Court
*
Jacob R. Van Rensselaer
Jacob Rutsen Van Rensselaer (September 27, 1767 – September 22, 1835) was an American lawyer and Federalist politician who served as Speaker of the New York State Assembly from 1812 to 1813, and Secretary of State of New York, from 1813 to ...
*
Stephen Van Rensselaer
Stephen Van Rensselaer III (; November 1, 1764January 26, 1839) was an American landowner, businessman, militia officer, and politician. A graduate of Harvard College, at age 21, Van Rensselaer took control of Rensselaerswyck, his family's mano ...
*
James Tallmadge, Jr.
James Tallmadge Jr. (January 28, 1778 – September 29, 1853) was a United States lawyer, and politician who served as a United States Representative from New York's 4th congressional district.
Early life
James Tallmadge Jr. was born on Janua ...
*
Jonas Platt
*
Peter A. Jay
Peter Augustus Jay (January 24, 1776 – February 20, 1843) was a prominent New York lawyer, politician and the eldest son of Founding Father and first United States Chief Justice John Jay.
Early life
Peter Augustus Jay was born at Liberty ...
Supporters who signed the new constitution included:
*
Martin Van Buren
Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party, he ...
, future Vice President and President
*
Erastus Root
Erastus Root (March 16, 1773 – December 24, 1846) was an American lawyer and politician from New York. He is most notable for serving four separate non-consecutive terms in the U.S. House of Representatives in the early 19th Century.
E ...
*
Samuel Nelson
Samuel Nelson (November 10, 1792 – December 13, 1873) was an American attorney and appointed as judge of New York State courts. He was appointed as a Justice of the Supreme Court of the United States, serving from 1845 to 1872. He concu ...
*
Nathan Sanford
Nathan Sanford (November 5, 1777 – October 17, 1838) was an American politician.
Early life
Sanford was born on November 5, 1777, in Bridgehampton, New York. He was the son of Thomas Sanford and Phebe (née Baker) Sanford, a family of farme ...
*
Samuel Young
*
Ogden Edwards Ogden may refer to:
Places Canada
*Ogden, Calgary, in Calgary, Alberta
* Ogden, Quebec, a small municipality in the Eastern Townships
* Ogdensville, British Columbia or Ogden City, alternate names for gold rush-era Seymour Arm, British Columbia
*O ...
Peter R. Livingston
Peter Robert Livingston (October 3, 1766 – January 19, 1847 Rhinebeck, New York) was an American politician who served as Acting Lieutenant Governor of New York from February to October 1828.
Early life
Peter Robert Livingston was born on Oct ...
,
Alexander Sheldon,
Jacob Radcliff
Jacob Radcliff or Radclift (April 20, 1764 – May 6, 1844) was a jurist, lawyer and politician.
He served as Mayor of New York City from 1810 to 1811, and from 1815 to 1818.
Early life and education
He was born on April 20, 1764, in Rhine ...
,
Peter Sharpe
Peter Sharpe (December 10, 1777 in New York City – August 3, 1842 in Brooklyn, New York) was an American politician who served as a United States representative from New York.
Life
He "was a Maiden-lane whip-maker, of the average intellig ...
,
Rufus King
Rufus King (March 24, 1755April 29, 1827) was an American Founding Father, lawyer, politician, and diplomat. He was a delegate for Massachusetts to the Continental Congress and the Philadelphia Convention and was one of the signers of the Uni ...
, and
Nathaniel Pitcher
Nathaniel Pitcher (November 30, 1777 – May 25, 1836) was an American lawyer and politician who served as the eighth Governor of New York from February 11 to December 31, 1828.
Pitcher was born in Litchfield, Connecticut, and raised in Sandy Hi ...
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 governor
A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...
was to succeed to the governor's office "for the residue of the term" whenever a vacancy occurred, unlike
John Tayler
John Tayler (July 4, 1742 – March 19, 1829) was a merchant and politician. He served nine years as Lieutenant Governor of New York, four months acting as the sixth Governor of New York, and also in both houses of the New York State Legislat ...
, who in 1817 became "Acting Governor" only until the election of a successor.
* The
Council of Appointment The Council of Appointment (sometimes also Council of Appointments) was a body of the Government of New York that existed from 1777 to 1822.
History
Under the New York Constitution of 1777, the Council of Appointment consisted of the Governor of N ...
was abolished and the vast majority of formerly appointive offices were made elective. State officeholders were elected by joint ballot of the
Assembly and
State Senate; others by local popular or legislative elections.
* The
Council of Revision was abolished. Its power to veto 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 (dismiss) the legislature at will was abolished.
* Property qualifications for white men to vote were removed.
* Black men were granted the vote, but with a property qualification which effectively disfranchised nearly all of them. It was at this time that
Peter Augustus Jay, one of the delegates and also the son of
John Jay
John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the f ...
gave an impassioned speech at the Convention arguing that the right to vote should be extended to free African Americans. "Peter Augustus Jay, one of a minority of advocates of universal manhood suffrage, insisted that the idea that black people were naturally inferior had long been 'completely refuted and universally exploded.'"
* A
Canal Board was to be formed by the Commissioners of the Canal Fund (the State Cabinet officers) and the Canal Commissioners
* Eight
Circuit Courts were created, one in each senatorial district. Until then, the justices of the
New York State Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
had held traveling
circuit court.
Constitutional Convention of 1846
The delegates convened at
Albany 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.
Ira Harris
Ira Harris (May 31, 1802December 2, 1875) was an American jurist and senator from New York. He was also a friend of Abraham Lincoln.
Life
Ira Harris was born in Charleston, New York on May 31, 1802. He grew up on a farm, and graduated from Unio ...
,
George W. Patterson,
Ambrose L. Jordan
Ambrose Latting Jordan (May 5, 1789 – July 16, 1865) was an American lawyer, newspaper editor and politician.
Early life
Jordan was born on May 5, 1789, in southwest Hillsdale in Columbia County, New York. He was the son of William Jordan (1 ...
,
Charles H. Ruggles
Charles Herman Ruggles (February 10, 1789 – June 16, 1865) was an American lawyer and politician who was a U.S. Representative from New York and Chief Judge of the New York Court of Appeals.
Early life
Ruggles was born on February 10, 1789, in ...
,
David R. Floyd-Jones,
Charles O'Conor,
Samuel J. Tilden (future
New York Governor
The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor ...
and
1876 Presidential candidate who won popular vote but lost in electoral college to
Rutherford B. Hayes
Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was an American lawyer and politician who served as the 19th president of the United States from 1877 to 1881, after serving in the U.S. House of Representatives and as governo ...
),
Levi S. Chatfield,
William B. Wright
William B. Wright (April 16, 1806 – January 12, 1868) 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 born on April 16, 1806, in Newburgh, Orange County, New York, ...
,
Michael Hoffman and
William C. Bouck
William Christian Bouck (January 7, 1786 – April 19, 1859) was an American politician from New York. He was the 13th Governor of New York from 1843 to 1844.
A native of Fultonham, New York, Bouck was educated in the local schools while w ...
were among the delegates.
The changes in this version of the constitution were:
*The
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...
and the
Court for the Correction of Errors were abolished. Jurisdiction on
equity
Equity may refer to:
Finance, accounting and ownership
*Equity (finance), ownership of assets that have liabilities attached to them
** Stock, equity based on original contributions of cash or other value to a business
** Home equity, the diff ...
was transferred to the
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
, jurisdiction on appeal to the
New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the 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 and confirmed by ...
.
*The
New York State Circuit Courts The New York circuit courts were circuit courts created by the New York State Constitution of 1821, and abolished by the Constitution of 1846.
History
Under the provisions of the Constitution of New York, 1777, the justices of the New York Supreme ...
were abolished, and replaced by the district benches of the
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
.
*The
New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the 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 and confirmed by ...
was established in July 1847, consisting of four statewide elected judges and four justices chosen annually from the
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
.
*The state cabinet officers (
Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
,
Secretary of State,
Comptroller
A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accounting and financial reporting of an organization. A financial comptroller is a senior-level execut ...
,
Treasurer
A treasurer is the person responsible for running the treasury of an organization. The significant core functions of a corporate treasurer include cash and liquidity management, risk management, and corporate finance.
Government
The treasury ...
and
State Engineer) 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
The 1866 New York state election was held on November 6, 1866, to elect the governor, the lieutenant governor, a Canal Commissioner and an Inspector of State Prisons, as well as all members of the New York State Assembly. Besides, the voters we ...
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 York
Albany ( ) is the capital of the U.S. state of New York, also the seat and largest city of Albany County. Albany is on the west bank of the Hudson River, about south of its confluence with the Mohawk River, and about north of New York Cit ...
, 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
The New York State Legislature consists of the two houses that act as the state legislature of the U.S. state of New York: The New York State Senate and the New York State Assembly. The Constitution of New York does not designate an officia ...
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
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 Commissio ...
, with 223,935 votes for and 290,456 against it. The Republican Party advocated the adoption, the
Democrats the rejection of the new proposed Constitution of 1867-68, and by 1869 the Democrats had a majority in the State. Only the "Judicial Article" which re-organized the
New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the 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 and confirmed by ...
was adopted by a small majority, with 247,240 for and 240,442 against it.
William A. Wheeler
William Almon Wheeler (June 30, 1819June 4, 1887) was an American politician and attorney. He served as a United States representative from New York from 1861 to 1863 and 1869 to 1877, and the 19th vice president of the United States from 1877 t ...
presided.
Waldo Hutchins,
William M. Evarts
William Maxwell Evarts (February 6, 1818February 28, 1901) was an American lawyer and statesman from New York who served as U.S. Secretary of State, U.S. Attorney General and U.S. Senator from New York. He was renowned for his skills as a litig ...
,
George Opdyke
George Opdyke (December 7, 1805 – June 12, 1880) was an entrepreneur and the 76th Mayor of New York City (1862 to 1864) during the American Civil War. The New York City draft riots occurred during his tenure.
Early life
Opdyke was born on De ...
,
George William Curtis
George William Curtis (February 24, 1824 – August 31, 1892) was an American writer and public speaker born in Providence, Rhode Island. An early Republican, he spoke in favor of African-American equality and civil rights both before and after ...
,
Horace Greeley
Horace Greeley (February 3, 1811 – November 29, 1872) was an American newspaper editor and publisher who was the founder and editor of the '' New-York Tribune''. Long active in politics, he served briefly as a congressman from New York ...
,
Ira Harris
Ira Harris (May 31, 1802December 2, 1875) was an American jurist and senator from New York. He was also a friend of Abraham Lincoln.
Life
Ira Harris was born in Charleston, New York on May 31, 1802. He grew up on a farm, and graduated from Unio ...
,
Martin I. Townsend
Martin Ingham Townsend (February 6, 1810 – March 8, 1903) was an American lawyer and politician from New York.
Early life
Townsend was born on February 6, 1810, in Hancock, Massachusetts. He was one of four children born to Nathaniel Townsen ...
,
Charles Andrews,
Charles J. Folger
Charles James Folger (April 16, 1818 – September 4, 1884) was an American lawyer and politician. A member of the Republican Party, he was a State Senator in New York from 1862 to 1869 and served as the 34th U.S. Secretary of the Treasury from ...
,
Augustus Frank
Augustus Frank (July 17, 1826 – April 29, 1895) was an American merchant, railroad executive, banker and politician. He served as a United States representative from the U.S. state of New York (state), New York during the American Civil Wa ...
,
Augustus Schell
Augustus Schell (August 1, 1812 – March 27, 1884) was a New York politician and lawyer. He was Chairman of the Democratic National Committee from 1872 to 1876.
Early life
Schell was born on August 1, 1812, in Rhinebeck, New York. He was the ...
,
Henry C. Murphy
Henry Cruse Murphy (July 5, 1810 – December 1, 1882) was an American lawyer, politician and historian. During his political career, he served as Mayor of Brooklyn, a member of the United States House of Representatives, U.S. Minister to the N ...
,
Homer A. Nelson,
David L. Seymour
David Lowrey Seymour (December 2, 1803, Wethersfield, Connecticut – October 11, 1867, Lanesborough, Massachusetts) was an American lawyer and politician from New York. From 1843 to 1845, he served one term in the U.S. House of Representa ...
,
George F. Comstock
George Franklin Comstock (1811–1892) was an American lawyer and politician. He was Chief Judge of the New York Court of Appeals from 1860 to 1861.
Personal life
Comstock was born on August 24, 1811, in Williamstown, New York. He graduated from ...
,
John Magee,
Sanford E. Church
Sanford Elias Church (April 18, 1815 – May 14, 1880) was an American lawyer and Democratic politician. He served as Lieutenant Governor of the state of New York and chief judge of the New York Court of Appeals.
Early life
Born in Milford, O ...
,
Marshall B. Champlain
Marshall Bolds Champlain (December 22, 1824 in Stafford, Genesee County, New York – March 7, 1879 in Cuba, Allegany County, New York) was an American lawyer and politician.
Personal life
Marshall B. Champlain was born in 1824 to Dr. Gilbert ...
,
Teunis G. Bergen,
William D. Veeder
William Davis Veeder (May 19, 1835 – December 2, 1910) was a U.S. Representative from New York.
Born in Guilderland, New York, Veeder completed preparatory studies.
He studied law.
He was admitted to the bar and commenced the practice o ...
,
John G. Schumaker
John Godfrey Schumaker (June 27, 1826 – November 23, 1905) was an American lawyer and politician who served one term as a United States representative from New York from 1869 to 1871.
Biography
Born in Claverack, Columbia County, Schuma ...
,
Stephen J. Colahan
Stephen J. Colahan (December 25, 1841 – December 10, 1874) was an American lawyer and politician from New York.
Life
Colahan was born on December 25, 1841, in New York City, New York, the son of J. H. and Mary Colahan.
The son of a judge, Co ...
,
Elbridge T. Gerry
Elbridge Gerry (; July 17, 1744 – November 23, 1814) was an American Founding Father, merchant, politician, and diplomat who served as the fifth vice president of the United States under President James Madison from 1813 until his death in 1 ...
,
Gideon J. Tucker
Gideon John Tucker (February 10, 1826 – July 1899) was an American lawyer, newspaper editor and politician. In 1866, as Surrogate of New York County, he wrote in a decision on a legal malpractice claim against a deceased lawyer's estate: "No ma ...
,
Samuel J. Tilden,
Edwards Pierrepont,
James Brooks,
,
Abraham B. Tappen
Abraham Bogardus Tappen (January 31, 1823, in New Hamburg, Dutchess County, New York – June 1, 1896, in Fordham, New York City) was an American lawyer and politician from New York.
Life
He was born on January 31, 1823, in New Hamburg, New ...
,
B. Platt Carpenter
Benjamin Platt Carpenter (May 14, 1837 – December 24, 1921) was an American lawyer and politician from New York and Montana. He was governor of the Montana Territory from 1884 to 1885.
Biography
Carpenter was born in Stanford, Dutchess ...
,
Erastus Corning
Erastus Corning (December 14, 1794 – April 9, 1872) was an American businessman and politician from Albany, New York. A Democrat, he was most notable for his service as mayor of Albany from 1834 to 1837, in the New York State Senate from 1842 ...
,
Amasa J. Parker
Amasa Junius Parker (June 2, 1807May 13, 1890) was an attorney, politician and judge from New York. He is most notable for his service as a member of the New York State Assembly (1834), a U.S. Representative (1837-1839), and a justice of the New ...
,
Marius Schoonmaker
Marius Schoonmaker (April 24, 1811 – January 5, 1894) was a United States representative from New York.
Biography
Schoonmaker was born to Cornelia (nee Groen) (1784–1874) and Zachariah Schoonmaker (1785–1818) in Kingston, Ulster County, ...
,
Edwin A. Merritt,
Leslie W. Russell,
Thomas G. Alvord
Thomas Gold Alvord (December 20, 1810 – October 26, 1897) was an American lawyer, merchant and politician. Throughout his political career he was known as Old Salt.
Life
He was born on December 20, 1810, in Onondaga, New York, to Elisha Alv ...
,
Horatio Ballard
Horatio Ballard (August 1803 – October 8, 1879) was an American lawyer and politician who was New York Secretary of State from January 1, 1862, to December 31, 1863.
Life
He was born in Homer, New York in 1803 and educated in the Pompey and C ...
,
Hobart Krum
Hobart Krum (January 12, 1833 – May 4, 1914) was an American lawyer and politician from New York (state), New York.
Life
He was born on January 12, 1833, in Fulton, Schoharie County, New York, Fulton, Schoharie County, New York, the son of Jon ...
,
Ezra Graves
Ezra Graves (December 1, 1803 – January 8, 1883) was an American lawyer and politician from New York.
Life
He was born on December 1, 1803, in Russia, New York, Russia, Herkimer County, New York, the son of Assemblyman John Graves (assemblyman ...
,
Elbridge G. Lapham
Elbridge Gerry Lapham (October 18, 1814January 8, 1890) 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 ba ...
,
Frank Hiscock
Frank Hiscock (September 6, 1834June 18, 1914) was a U.S. Representative and Senator from New York. He served in the United States Congress from 1877 to 1893.
Hiscock was a native of Pompey, New York, and graduated from Pompey Academy. After ...
,
Seth Wakeman
Seth Wakeman (January 15, 1811 – January 4, 1880) was an American attorney and politician from Batavia, New York. Initially a Whig, and later a Republican, he was most notable for his service in the New York State Assembly from 1856 to 1857 a ...
, and
Israel T. Hatch
Israel Thompson Hatch (June 30, 1808 – September 24, 1875) was an American lawyer and politician who served one term as a U.S. Representative from New York from 1857 to 1859.
Biography
He was born in Johnstown, New York on June 30, 1808. ...
were among the delegates.
The changes in this version of the constitution were:
*The
New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the 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 and confirmed by ...
was totally re-organized. Instead of eight Judges, four elected statewide and four selected from the
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
, it had now one
Chief Judge of the New York Court of Appeals
Chief Judge of the New York Court of Appeals refers to the position of chief judge on the New York Court of Appeals. They are also known as the Chief Judge of New York.
The chief judge supervises the seven-judge Court of Appeals. In addition, th ...
and six Associate Judges, all elected statewide.
*The
Clerk of the New York Court of Appeals 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 Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
was extended from 8 to 14 years, and the rotative renewal (every two years one Judge or Justice had been elected to an eight-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.
Constitutional Commission of 1872–1873
After the rejection of all amendments proposed by the Convention of 1867–68, except the judicial article,
Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
John T. Hoffman
John Thompson Hoffman (January 10, 1828March 24, 1888) was the 23rd governor of New York (1869–72). He was also recorder of New York City (1861–65) and the 78th mayor of New York City (1866–68). Connections to the Tweed Ring r ...
suggested to the Legislature that a non-partisan Constitutional Commission of 32 members should be formed. The Commission had four members from each senatorial district, appointed by the Governor, and confirmed by the State Senate, equally divided between the two major political parties. The Commission met from December 4, 1872, to March 15, 1873. They proposed amendments to the Constitution of 1846, which was still in force with amendments which were then approved or rejected by the Legislature, and those approved were then submitted to the voters for ratification.
Among the members were:
Robert H. Pruyn who presided;
George Opdyke
George Opdyke (December 7, 1805 – June 12, 1880) was an entrepreneur and the 76th Mayor of New York City (1862 to 1864) during the American Civil War. The New York City draft riots occurred during his tenure.
Early life
Opdyke was born on De ...
,
Augustus Schell
Augustus Schell (August 1, 1812 – March 27, 1884) was a New York politician and lawyer. He was Chairman of the Democratic National Committee from 1872 to 1876.
Early life
Schell was born on August 1, 1812, in Rhinebeck, New York. He was the ...
,
John D. Van Buren
John Dash Van Buren (March 18, 1811 in New York City – 1885 in Newburgh, Orange County, New York) was an American merchant and politician from New York.
He was the son of Michael Van Beuren (1786–1854) and Anne (Dash) Van Beuren. He graduate ...
,
Erastus Brooks,
Benjamin D. Silliman,
George C. Burdett
George may refer to:
People
* George (given name)
* George (surname)
* George (singer), American-Canadian singer George Nozuka, known by the mononym George
* George Washington, First President of the United States
* George W. Bush, 43rd President ...
,
Francis Kernan,
Elias W. Leavenworth,
Daniel Pratt,
John F. Hubbard Jr.
John F. Hubbard (October 14, 1822 – June 30, 1893) was an American people, American newspaper editor and American politician, politician from New York (state), New York.
Life
John Flavel Hubbard, Jr. was born on October 14, 1822, in Norwich, N ...
,
Barna R. Johnson
Barna (Bearna in Irish) is a coastal village on the R336 regional road in Connemara, County Galway, Ireland. It has become a satellite village of Galway city. The village is Irish speaking and is therefore a constituent part of the regions o ...
,
Lucius Robinson
Lucius Robinson (November 4, 1810March 23, 1891) was an American lawyer and politician. He was the 26th Governor of New York from 1877 to 1879.
Life
He graduated from Delaware Academy in Delhi, New York. Afterwards he studied law in the office ...
,
George B. Bradley
George Beckwith Bradley (February 5, 1825 – January 9, 1916) was an American lawyer and politician from New York.
Life
He was born on February 5, 1825, in Greene, Chenango County, New York, the son of Orlo Fuller Bradley (1799–1845) and Julia ...
,
Van Rensselaer Richmond
Van Rensselaer Richmond (January 1812 in Preston, Chenango County, New York – November 20, 1883 in Lyons, Wayne County, New York) was an American civil engineer and politician from New York.
Life
He was the son of Oliver Richmond (d. 1853). ...
,
Lysander Farrar
Lysander Farrar (May 2, 1812 Watertown, Jefferson County, New York – December 25, 1876) was an American lawyer and politician from New York.
Life
He was the son of Josiah Farrar (c.1772–1824). He graduated M.A. from Union College in 1836, ...
,
Lorenzo Morris
Lorenzo Morris (August 14, 1817 Smithfield, Madison County, New York – October 2, 1903 Fredonia, Chautauqua County, New York) was an American lawyer and politician from New York.
Life
He was the son of David Morris. The family removed to a fa ...
and
Sherman S. Rogers
Sherman Skinner Rogers (April 16, 1830 Bath, Steuben County, New York – March 23, 1900 Santa Barbara, California) was an American lawyer and politician from New York.
Life
He was the son of Gustavus Adolphus Rogers and Susan Ann (Campbell) Ro ...
.
Major changes:
*The terms of the Governor and lieutenant Governor was increased from two to three years.
*The statewide elective offices of three
Inspectors of State Prisons and three
Canal Commissioners were abolished, and were succeeded by a Superintendent of State Prisons and a
Superintendent of Public Works, appointed by the governor, and confirmed by the State Senate.
Constitutional Convention of 1894
On January 27, 1893, the Legislature passed "An Act to amend chapter 398, of the Laws of 1892, entitled 'An Act to provide for a convention to revise and amend the Constitution'", calling a Constitutional Convention to meet in 1894. The 175 delegates were elected at the
New York state election, 1893
The 1893 New York state election was held on November 7, 1893, to elect the Secretary of State, the State Comptroller, the Attorney General, the State Treasurer, the State Engineer and a judge of the New York Court of Appeals, as well as all mem ...
, five in each senatorial district, and 15 at-large. The Convention met on May 8, 1894, at the
New York State Capitol
The New York State Capitol, the seat of the New York state government, is located in Albany, the capital city of the U.S. state of New York. The capitol building is part of the Empire State Plaza complex on State Street in Capitol Park. Housi ...
in Albany; and adjourned on September 29. The revised Constitution was submitted for ratification at the
New York state election, 1894
The 1894 New York state election was held on November 6, 1894, to elect the governor, the lieutenant governor and a judge of the New York Court of Appeals, as well as all members of the New York State Assembly. Besides, a new State Constitutio ...
, in three parts: the new legislative apportionment; the proposed canal improvements; and 31 miscellaneous amendments to the Constitution; which were all adopted by the voters.
Among the delegates were:
Joseph H. Choate, President;
Thomas G. Alvord
Thomas Gold Alvord (December 20, 1810 – October 26, 1897) was an American lawyer, merchant and politician. Throughout his political career he was known as Old Salt.
Life
He was born on December 20, 1810, in Onondaga, New York, to Elisha Alv ...
, First Vice President;
William H. Steele, Second Vice President;
Elihu Root
Elihu Root (; February 15, 1845February 7, 1937) was an American lawyer, Republican politician, and statesman who served as Secretary of State and Secretary of War in the early twentieth century. He also served as United States Senator from ...
;
Edward Lauterbach
Edward Lauterbach (August 12, 1844 – March 4, 1923), was Chairman of the Republican County Committee in New York and the defense attorney for David Lamar, the "Wolf of Wall Street". He was a trustee of the Hebrew Orphan Asylum for over 39 yea ...
;
Jesse Johnson;
Frederick William Holls
George Frederick William Holls (July 1, 1857 – July 23, 1903) was an American lawyer, publicist, and Secretary of the United States delegation to the Hague Peace Conference.
Biography
Holls was born in Zelienople, Pennsylvania, on July 1, 18 ...
;
Michael H. Hirschberg
Michael Henry Hirschberg (April 12, 1847 – March 17, 1929) was a Jewish-American lawyer and judge from New York.
Life
Hirschberg was born on April 12, 1847, in Newburgh, New York, the son of Henry Michael Hirschberg and Frances Frank. His fat ...
;
John T. McDonough;
John M. Francis
John Morgan Francis (March 6, 1823 – June 18, 1897) was an American journalist and diplomat.
Francis was born in Prattsburgh, New York. He left home in 1838 and began working in Canandaigua, New York, for several newspapers. He moved to Troy, ...
;
Commodore P. Vedder
Commodore Perry Vedder (February 23, 1838 – December 24, 1910) was an American lawyer and politician from New York.
Life
Commodore Perry Vedder was born in Ellicottville, New York on February 23, 1838, the son of Jacob Vedder. He attended the ...
;
John I. Gilbert
John Ingersoll Gilbert (October 11, 1837 Pittsford, Rutland County, Vermont – December 19, 1904) was an American politician from New York.
Life
He attended Castleton Seminary, North Granville Academy, and Barre Academy, and graduated from t ...
;
Augustus Frank
Augustus Frank (July 17, 1826 – April 29, 1895) was an American merchant, railroad executive, banker and politician. He served as a United States representative from the U.S. state of New York (state), New York during the American Civil Wa ...
;
Daniel H. McMillan;
Frederic Storm
Frederic Storm (July 2, 1844June 9, 1935) was a United States representative from New York. Born in Alsace in the Kingdom of France, he immigrated to the United States in 1846 with his parents, who settled in New York City. He attended the publ ...
;
John G. Schumaker
John Godfrey Schumaker (June 27, 1826 – November 23, 1905) was an American lawyer and politician who served one term as a United States representative from New York from 1869 to 1871.
Biography
Born in Claverack, Columbia County, Schuma ...
;
John B. Meyenborg
John B. Meyenborg (March 9, 1842 – December 5, 1902) was a German-American lawyer and politician from New York.
Life
Meyenborg was born on March 9, 1842 in Wremen, Kingdom of Hanover. He immigrated to America in 1859 and settled in Brooklyn, ...
;
Almet F. Jenks Almet Francis Jenks (May 21, 1853 – September 18, 1924) was an American lawyer and politician from New York.
Life
He graduated from Yale University in 1875, where he was a member of Skull and Bones, and earned a Bachelor of Laws from Columbi ...
;
Charles B. Morton;
William D. Veeder
William Davis Veeder (May 19, 1835 – December 2, 1910) was a U.S. Representative from New York.
Born in Guilderland, New York, Veeder completed preparatory studies.
He studied law.
He was admitted to the bar and commenced the practice o ...
;
John Cooney;
Thomas W. Fitzgerald
Thomas W. Fitzgerald (September 1, 1854 – January 19, 1908) was an American lawyer and judge from New York.
Life
Fitzgerald was born on September 1, 1854 in New York City, New York.
Fitzgerald attended the College of the City of New York. ...
;
Wright Holcomb,
De Lancey Nicoll
De Lancey Nicoll (June 24, 1854 – March 31, 1931) was a New York County District Attorney.
Early life
De Lancey Nicoll was born on Shelter Island on June 24, 1854. He was the son of Solomon Townsend Nicoll (1813–1864) and Charlotte Anne Ni ...
;
John Bigelow
John Bigelow Sr. (November 25, 1817 – December 19, 1911) was an American lawyer, statesman, and historian who edited the complete works of Benjamin Franklin and the first autobiography of Franklin taken from Franklin's previously lost origina ...
;
Frank T. Fitzgerald
Frank Thomas Fitzgerald (May 4, 1857 – November 25, 1907) was an American lawyer and politician who served as a U.S. Representative from New York for eight months in 1889.
Biography
Born in New York City, Fitzgerald was graduated from th ...
;
Leonard A. Giegerich
Leonard Anthony Giegerich (May 20, 1855 – December 20, 1927) was an American lawyer, politician, and judge from New York.
Life
Giegerich was born on May 20, 1855, in Rötz, Kingdom of Bavaria, the son of Leonhard Giegerich and Theresa Kramer. ...
;
Joseph Koch;
Gideon J. Tucker
Gideon John Tucker (February 10, 1826 – July 1899) was an American lawyer, newspaper editor and politician. In 1866, as Surrogate of New York County, he wrote in a decision on a legal malpractice claim against a deceased lawyer's estate: "No ma ...
;
M. Warley Platzek Max Warley Platzek (August 27, 1854 – July 21, 1932) was a Jewish-American lawyer and judge. Life
Platzek was born on August 27, 1854 in Lumberton, North Carolina, the son of German immigrants Isaac Platzek and Sarah Wilson.
Platzek attended th ...
;
Jacob Marks
Jacob Marks (June 24, 1861 – March 20, 1965) was a Jewish-American lawyer, politician, and judge from New York.
Life
Marks was born on June 24, 1861 in New York City, New York, the son of Wolff Marks and Henrietta Rothschild.
Marks attended ...
;
Andrew H. Green
Andrew Haswell Green (October 6, 1820 – November 13, 1903) was a lawyer, New York City planner, and civic leader. He is considered "the Father of Greater New York," and is responsible for Central Park, the New York Public Library, the Bronx ...
;
Joseph I. Green
Joseph I. Green (February 11, 1868 – May 31, 1939) was a Jewish-American lawyer, politician, and judge from New York.
Life
Green was born on February 11, 1868, in New York City, New York, of English parents. He was the son of Israel H. Green ...
;
Stephen S. Blake Stephen Stacpoole Blake (February 10, 1843 – March 16, 1929) was an Irish-American lawyer, politician, and judge.
Life
Blake was born on February 10, 1843 in County Clare, Ireland. His great-uncle was Cornelius O'Brien. He immigrated to Americ ...
;
William Church Osborn
William Church Osborn (December 21, 1862 – January 3, 1951) was the son of a prominent New York City family who served in a variety of civic roles including president of the Metropolitan Museum of Art, president of the Children's Aid Society, ...
;
Willard H. Mase
Willard H. Mase (June 10, 1834 – January 18, 1894) was an American hat manufacturer, banker, and politician from New York.
Life
Mase was born on June 10, 1834, in Prattsville, New York.
Mase moved to Matteawan at a young age, and he played ...
;
Roswell A. Parmenter
Roswell A. Parmenter (September 20, 1821 – February 1, 1904) was an American lawyer and politician from New York.
Life
Roswell A. Parmenter was born in Pittstown, New York, on September 20, 1821, the son of Dr. Azel Fiske Parmenter (born 178 ...
;
A. Bleecker Banks
Anthony Bleecker Banks (March 7, 1835 – August 6, 1910) was an American book publisher and politician from New York.
Life
He was born on March 7, 1835, in New York City, the son of David Banks (born 1786), a law book publisher, and Harriet Bre ...
;
Chester B. McLaughlin
Chester Bentine McLaughlin (February 10, 1856 – May 12, 1929) was an American lawyer and politician from New York.
Life
He was born on February 10, 1856, in Moriah, Essex County, New York, the son of Lyman McLaughlin and Harriet C. McLaughlin. ...
;
Elon R. Brown
Elon Rouse Brown (October 7, 1857, Orleans, Jefferson County, New York – September 24, 1922, Fox Island, Cape Vincent, Jefferson County, New York) was an American lawyer and politician from New York. He was President pro tempore of the N ...
;
Henry J. Cookinham
Henry may refer to:
People
*Henry (given name)
*Henry (surname)
* Henry Lau, Canadian singer and musician who performs under the mononym Henry
Royalty
* Portuguese royalty
** King-Cardinal Henry, King of Portugal
** Henry, Count of Portugal, ...
;
John C. Davies;
Louis Marshall
Louis Marshall (December 14, 1856 – September 11, 1929) was an American corporate, constitutional and civil rights lawyer as well as a mediator and Jewish community leader who worked to secure religious, political, and cultural freedom for a ...
;
Milo M. Acker;
Merton E. Lewis
Merton Elmer Lewis (December 10, 1861 – May 2, 1937) was an American lawyer and politician who served as the 51st Attorney General of New York state.
Life
He was born on December 10, 1861, in Webster, Monroe County, New York, the son of Char ...
;
I. Sam Johnson
Isaac Samuel Johnson (October 28, 1840 – September 25, 1906) was an American lawyer and politician from New York.
Life
Johnson was born on October 28, 1840, in Centerfield, New York, the son of Hiram Johnson and Jane Slade.
Johnson moved to ...
;
Henry W. Hill
Henry Wayland Hill (November 13, 1853 – December 6, 1929) was an American lawyer, writer and politician from New York.
Life
He was born on November 13, 1853, in Isle La Motte, Grand Isle County, Vermont, the son of Dyer Hill, a member of the ...
;
George Allen Davis
George Allen Davis (August 5, 1857 – February 12, 1920) was a U.S. lawyer, patron of the arts and a politician from New York.
Life
He was Supervisor of the Town of Lancaster from 1888 to 1891, and from 1893 to 1897; and a delegate to the ...
; and
Charles J. Kurth
Charles Justus Kurth (October 23, 1862 – September 28, 1896) was an American lawyer and politician.
Life
Kurth was born on October 23, 1862 in Brooklyn, New York.
Kurth attended Public School No. 3 in Brooklyn, the Royal College at Brandenbur ...
.
Major changes:
*The term of the governor and lieutenant governor was shortened from three to two years.
*The election of state officers (Secretary of State, Comptroller, Attorney General; Treasurer; State Engineer) and state senators was moved from odd-numbered years to even-numbered years, henceforth coinciding with the gubernatorial election.
*The number of state senators was increased from 32 to 50; and the number of assemblymen from 128 to 150.
*The
State Forest Preserve was given perpetual protection as wild land.
*The State-owned
Onondaga Salt Springs Reservation was allowed to be sold.
*
Convict labor in
penal institution
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correcti ...
s was abolished.
*The use of
voting machine
A voting machine is a machine used to record votes in an election without paper. The first voting machines were mechanical but it is increasingly more common to use '' electronic voting machines''. Traditionally, a voting machine has been defi ...
s was allowed.
*The first meeting of the annual legislative session was moved from the first Tuesday to the first Wednesday in January.
1915 Convention
Under the 1894 Constitution, the people were to vote on the holding of a seventh Constitutional Convention in 1916. However, the Governor proposed that the Convention be moved up to 1915 so that it would not be overshadowed by other issues. Thus, in April 1914, a referendum approved a Constitutional Convention to be held in 1915. There were 168 delegates to the 1915 Convention. The delegates included:
Elihu Root
Elihu Root (; February 15, 1845February 7, 1937) was an American lawyer, Republican politician, and statesman who served as Secretary of State and Secretary of War in the early twentieth century. He also served as United States Senator from ...
(the President of the Convention),
Edgar T. Brackett,
Jacob Brenner,
Patrick W. Cullinan
Patrick William Cullinan (June 26, 1851 – July 29, 1926) was an American lawyer and politician from New York.
Life
Cullinan was born on June 26, 1851, in Oswego, New York. He was of Irish and Anglo-Irish parentage. He graduated from Oswego ...
,
Seth Low
Seth Low (January 18, 1850 – September 17, 1916) was an American educator and political figure who served as the mayor of Brooklyn from 1881 to 1885, the president of Columbia University from 1890 to 1901, a diplomatic representative of ...
,
Louis Marshall
Louis Marshall (December 14, 1856 – September 11, 1929) was an American corporate, constitutional and civil rights lawyer as well as a mediator and Jewish community leader who worked to secure religious, political, and cultural freedom for a ...
,
John Lord O'Brian
John Lord O'Brian (October 14, 1874 – April 11, 1973) was an American lawyer who held public offices in the administrations of five U.S. presidents between 1909 and 1945. O'Brian has been recognized by scholars for his commitment to civil liberti ...
,
Herbert Parsons,
Jacob Gould Schurman
Jacob Gould Schurman (May 2, 1854 – August 12, 1942) was a Canadian-born American educator and diplomat, who served as President of Cornell University and United States Ambassador to Germany.
Early life
Schurman was born at Freetown, Prince Ed ...
,
Henry L. Stimson
Henry Lewis Stimson (September 21, 1867 – October 20, 1950) was an American statesman, lawyer, and Republican Party politician. Over his long career, he emerged as a leading figure in U.S. foreign policy by serving in both Republican and ...
,
George W. Wickersham,
Franklin A. Coles
Franklin Albert Coles (August 24, 1861 – August 10, 1943) was an American lawyer and politician from New York.
Life
Coles was born on August 24, 1861 in Glen Cove, New York, the son of Isaac Coles and Mary Willits. His father was a merchant a ...
,
Harry E. Lewis
Harry Emerson Lewis (March 16, 1880 – August 23, 1948) was a Jewish-American lawyer and judge from New York. Life
Lewis was born on March 16, 1880 in New York City, New York, the son of Leopold J. Lewis and Emma Lowenthal.
Lewis began working ...
,
Meier Steinbrink,
Harry Heyman
Harry Heyman (October 3, 1875 – October 29, 1932) was a Jewish-American butcher and politician from New York.
Life
Heyman was born on October 3, 1875, in Bethlehem, Pennsylvania. He moved to Brooklyn, New York, with his parents when he was a b ...
,
John F. Ahearn
John F. Ahearn (April 18, 1853 – December 19, 1920) was an American politician and publisher. A prominent New York City political figure and a member of the Tammany Hall political machine, he served in the New York State Assembly, the New York ...
,
Abraham Harawitz
Abraham Harawitz (May 8, 1879 – May 24, 1935) was a Russian-born Jewish-American lawyer, politician, and judge from New York.
Life
Harawitz was born on May 8, 1879 in Minsk, Russia, the son of Moses and Mollie Harawitz. He immigrated to Americ ...
,
Alfred E. Smith
Alfred Emanuel Smith (December 30, 1873 – October 4, 1944) was an American politician who served four terms as Governor of New York and was the Democratic Party's candidate for president in 1928.
The son of an Irish-American mother and a Ci ...
,
Harry E. Oxford Harry E. Oxford (1866 – February 5, 1915) was an English-born American politician from New York.
Life
Oxford was born in 1866 in England. He immigrated to America with his parents as a baby and settled in New York City, New York.
Oxford attend ...
,
Morgan J. O'Brien,
John B. Stanchfield
John Barry Stanchfield (March 13, 1855 – June 25, 1921) was an American lawyer and politician from New York. He was a prominent litigator and the Democratic gubernatorial candidate in 1900.
Life
John B. Stanchfield was born in Elmira, New ...
,
James A. Foley,
De Lancey Nicoll
De Lancey Nicoll (June 24, 1854 – March 31, 1931) was a New York County District Attorney.
Early life
De Lancey Nicoll was born on Shelter Island on June 24, 1854. He was the son of Solomon Townsend Nicoll (1813–1864) and Charlotte Anne Ni ...
,
William F. Sheehan,
Thomas Francis Smith,
Thomas Maurice Mulry
Thomas Maurice Mulry (February 13, 1855 – March 10, 1916) was an American businessman and philanthropist.
Biography
Mulry was born in New York City, the son of Thomas Mulry and Parthenia Crolius. His early school-days were spent in St. Joseph's ...
,
John Thomas Dooling
John Thomas Dooling (February 22, 1871 – November 15, 1949) was the assistant district attorney for New York City and an adviser to Tammany Hall for 40 years.
Biography
Dooling was born on February 22, 1871, in Brooklyn, New York City
Bro ...
,
John Godfrey Saxe II
John Godfrey Saxe II (June 25, 1877 – April 17, 1953) of Manhattan was a lawyer and a member of the New York State Senate. He was a delegate to the New York State Constitutional Convention representing New York's 16th congressional district ...
,
Robert F. Wagner
Robert Ferdinand Wagner I (June 8, 1877May 4, 1953) was an American politician. He was a Democratic U.S. Senator from New York from 1927 to 1949.
Born in Prussia, Wagner migrated with his family to the United States in 1885. After graduating ...
,
Courtlandt Nicoll
Courtlandt Nicoll (December 2, 1880 in New York City – September 20, 1938 in Water Mill, Suffolk County, New York) was an American lawyer and politician from New York.
Early life
He was the son of Benjamin Nicoll (1855–1921) and Grace Daviso ...
,
Frederick C. Tanner
Frederick Chauncey Tanner (April 7, 1878 – June 23, 1963) was an American lawyer and politician from New York.
Life
Tanner was born on April 7, 1878, in Jacksonville, Illinois, the son of Edward Allen Tanner, president of Illinois College, a ...
,
Mark Eisner
Mark Eisner (December 15, 1885 – March 28, 1953) was a Jewish-American lawyer, tax expert, and politician from New York.
Life
Eisner was born on December 15, 1885 in New York City, New York, the son of David L. Eisner and Sophia Silverman.
E ...
,
William M. K. Olcott
William Morrow Knox Olcott (August 27, 1862 – May 10, 1933) was an American lawyer and politician from New York City.
Early life
He was born on August 27, 1862, in New York City to John N. Olcott and Euphemia Helen Knox. Future Congressman J. ...
,
Martin Saxe
Martin Saxe (August 28, 1874 in New York City – February 5, 1967 in Manhattan, New York City) was an American lawyer and politician from New York.
Life
He was the son of Fabian Saxe and Theresa (Helburn) Saxe. He graduated from Princeton Univ ...
,
J. Sidney Bernstein,
Nathan Burkan,
Anthony J. Griffin
Anthony Jerome Griffin (April 1, 1866 – January 13, 1935) was an American lawyer, war veteran, and politician from New York. He served ten terms in the U.S. House of Representatives from 1918 to 1935.
Life
He attended City College, Cooper Un ...
,
Louis F. Haffen,
Francis W. Martin
Francis W. Martin (October 3, 1878 – June 1, 1947) was the first ever district attorney in Bronx County, New York (state), New York and a judge on the New York Supreme Court from 1921 until his death.
Personal life and early career
Martin ...
,
George A. Blauvelt
George Alanson Blauvelt (November 11, 1866 – October 16, 1924) was an American lawyer and politician from New York.
Life
He was born in Ramapo, New York, to John Lewis Blauvelt and Lucinda (Gurnee) Blauvelt. He attended Mt. Chappaqua Institute, ...
,
Eugene Lamb Richards
Eugene Lamb Richards Jr. (June 14, 1863 – September 17, 1927) was an American football player, lawyer, and politician.
Early life
Richards was born on June 14, 1863, in New Haven, Connecticut. He was the son of Julia L. (née Bacon) Richards ...
,
Francis A. Winslow
Francis Asbury Winslow (October 13, 1866 – March 29, 1932) was a United States district judge of the United States District Court for the Southern District of New York.
Education and career
Born on October 13, 1866, in Ossining, New York. Wi ...
,
Frank L. Young
Frank L. Young (October 31, 1860 – May 21, 1930) was an American lawyer and politician from New York.
Life
He was born on October 31, 1860, in Port Byron, Cayuga County, New York. He attended Oakwood Seminary in Union Springs. He graduated ...
,
Caleb H. Baumes
Caleb Howard Baumes (March 31, 1863 Bethlehem, Albany County, New York – September 25, 1937 near Hudson, New York) was an American lawyer and politician from New York.
Life
He was born on March 31, 1863, in Bethlehem, New York.
He married in 1 ...
,
Lemuel E. Quigg
Lemuel Ely Quigg (February 12, 1863 – July 1, 1919) was a United States representative from New York.
Biography
He was born near Chestertown, Kent County, Maryland to a Methodist minister. He attended the public schools of Wilmington, De ...
,
William Barnes Jr.
William Barnes Jr. (November 17, 1866 – June 25, 1930) was an American journalist and politician. The longtime owner and publisher of the ''Albany Evening Journal'', Barnes was most notable as a major behind the scenes player in state and ...
,
Harold J. Hinman
Harold Jay Hinman (February 22, 1877 – February 21, 1955) was an American politician from New York (state), New York.
Life
He was born on February 22, 1877, in Albany, New York, the son of Addison Josiah Hinman and Susan Mary DuBois (Hotaling) H ...
,
Victor M. Allen
Victor M. Allen (July 14, 1870 in Petersburgh, Rensselaer County, New York – September 25, 1916 in Saranac Lake, New York) was an American politician from New York.
Life
He was the son of Amos H. Allen and Emily J. (Maxon) Allen. He graduated f ...
,
Louis M. Martin,
Ray B. Smith
Ray Burdick Smith (December 7, 1867 – December 28, 1939) was an American lawyer and politician from New York.
Life
Smith was born on December 7, 1867 in Cuyler, New York. He was the son of farmer Willis Smith and Emily Burdick.
When he was a ...
,
Israel T. Deyo
Israel Tripp Deyo (January 28, 1854 – October 5, 1953) was an American lawyer and politician from New York.
Life
Deyo was born on January 28, 1854, in Union, New York. He was the son of Richard Deyo and Caroline Eckert.
Deyo graduated from Bi ...
,
George E. Green,
Jesse S. Phillips
Jesse Snyder Phillips (May 4, 1871 – November 6, 1954) was an American lawyer, politician, and insurance executive from New York.
Life
Phillips was born on May 4, 1871, in Independence, New York, the son of Peter Phillips and Elizabeth Snyder ...
,
James Wolcott Wadsworth
James Wolcott Wadsworth (October 12, 1846 in Philadelphia, Pennsylvania – December 24, 1926 in Washington, D.C.) was an American farmer, soldier and statesman.
Early life
He was the son of Civil War General James Samuel Wadsworth (1 ...
,
Frank M. Jones
Frank Marion Jones (November 18, 1847 – January 28, 1922) was an American merchant and politician from New York.
Life
Jones was born on November 18, 1847 in Union Hill, New York, the son of Chester Jones and Hannah Millard. After attending th ...
,
Benjamin Rush Rhees
Benjamin Rush Rhees ( 08 February 1860–05 January 1939) was the third president of the University of Rochester, serving from 1900 to 1935.
Education
Rhees, great-grandson of radical Baptist minister Morgan John Rhys, earned his undergraduate d ...
,
Homer E. A. Dick
Homer Eugene Asa Dick (March 22, 1884 in Three Mile Bay, New York – January 22, 1942 in Rochester, New York) was an American lawyer and politician from New York.
Life
He was the son of Charles H. Dick (1858–1942) and Ida P. (Maine) Dick (186 ...
,
Charles B. Sears
Charles Brown Sears (October 16, 1870 Brooklyn, Kings County, New York – December 17, 1950 Buffalo, Erie County, New York) was an American lawyer and politician from New York.
Life
He graduated from Adelphia Academy in Brooklyn in 1888, and A ...
,
Matthias Endres
Matthias Endres (born July 6, 1852 in Buffalo, New York) was an American lawyer and politician from New York.
Life
He attended the public schools, and then became a compositor, and later a gas fitter. He studied law, was admitted to the bar, an ...
, and
James S. Whipple
James Spencer Whipple (October 1, 1852 – April 1, 1941) was an American lawyer, politician, and public official in New York State.
Life
Whipple was born on October 1, 1852 in Steamburg, New York, the son of Henry and Martha Whipple. During the ...
.
Proposed changes included:
*A reorganization of state government leaving it with 17 departments, reducing the number of elected officials, and providing for the appointment of others
*Removing from the State Legislature the power to review local matters and private claims
*Budgetary regulation
*Improvements in the ways the State could become indebted
*Home rule for cities
*Giving the State Legislature the authority, with voters' consent, to alter county government
*Simplification of the court system
*State control over tax assessment
*Establishing a conservation commission to oversee natural resources
*Expanded rights for workers
All of the proposals from the seventh Constitutional Convention of 1915 were grouped into five questions, all of which were rejected by the people. However, all was not lost. In 1925, a revised Article 5, containing many proposals from the Fifth Convention of 1915, was submitted to the people/voters and accepted in a referendum/election. In 1927, the budget proposal from the Fifth Convention was also accepted.
1921 Judiciary Convention
Originally, the 1915 Convention proposed numerous overhauls to the judicial system. The Legislature rejected this article and it was not sent to the voters. However, in 1921, the Legislature authorized a group of thirty people to revise the judiciary article of the 1894 Constitution. However, the proposed article included many proposals from the 1915 Convention, and was again rejected by the Legislature.
Constitutional Convention of 1938
The Constitution established in 1894 required the voters to vote on the necessity of a subsequent constitutional convention in 1936. On November 3, 1936, the voters approved the holding of a Convention which was held two years later in 1938.
There were 168 delegates to the Eighth Constitutional Convention of 1938. These included
Alfred E. Smith
Alfred Emanuel Smith (December 30, 1873 – October 4, 1944) was an American politician who served four terms as Governor of New York and was the Democratic Party's candidate for president in 1928.
The son of an Irish-American mother and a Ci ...
(former Governor and Presidential candidate),
Hamilton Fish III (U.S. Representative),
Robert F. Wagner
Robert Ferdinand Wagner I (June 8, 1877May 4, 1953) was an American politician. He was a Democratic U.S. Senator from New York from 1927 to 1949.
Born in Prussia, Wagner migrated with his family to the United States in 1885. After graduating ...
, (U.S. senator), and
Robert Moses
Robert Moses (December 18, 1888 – July 29, 1981) was an American urban planner and public official who worked in the New York metropolitan area during the early to mid 20th century. Despite never being elected to any office, Moses is regarded ...
(major builder as head of New York and New Jersey Port Authority). The Convention was chaired by
Frederick E. Crane, the Chief Judge of the State Court of Appeals. Governor
Herbert Lehman
Herbert Henry Lehman (March 28, 1878 – December 5, 1963) was an American Democratic Party politician from New York. He served from 1933 until 1942 as the 45th governor of New York and represented New York State in the U.S. Senate from 194 ...
appointed
Charles Poletti
Charles Poletti (July 2, 1903 – August 8, 2002) was an American lawyer and politician. He became the 46th governor of New York in December 1942, and was the first Italian-American governor in the United States.
Born in Barre, Vermont to Ital ...
to head a committee to gather information for the convention's use. The twelve-volume report they produced is called the "Poletti Report".
The 1938 Convention did not actually adopt a new Constitution, but it did propose changes (57 amendments in all) to the continuing Constitution of 1894, which were bundled into nine questions for the voters; only six questions of amendments were approved. Changes approved were:
*The State Legislature was now authorized to enact a Social Security program
*The State Legislature could provide funding to eliminate railroad crossings
*New York City was excluded from debt limits in order to finance a public rapid transport system
*An amendment setting out the rights of public works projects workers
*A number of non-controversial amendments
*Permission for the State Legislature to fund transportation to parochial schools
1967 Convention
In the 1960s, with the increasing changes and expansions of populations with the changing society, demand grew for a new Constitution. Thus, in 1965, the State Legislature put the question to the voters on the holding of a constitutional convention in 1967. The voters approved. A committee was established to gather information for the Convention. In 1966, 186 people were elected to become members in the 9th Constitutional Convention. Unlike all the other Conventions, the candidates for membership ran in partisan elections, of which the
Democrats won a majority. The Convention was chaired by
Anthony Travia
Anthony John Travia (February 26, 1911 – December 7, 1993) was a United States federal judge, United States district judge of the United States District Court for the Eastern District of New York.
Education and career
Born in Milwaukee, Wisco ...
, the Speaker of the State Assembly.
Proposed changes included:
*Expansion of individual citizens' rights
*Repealing of the 19th Century
James G. Blaine
James Gillespie Blaine (January 31, 1830January 27, 1893) was an American statesman and Republican politician who represented Maine in the U.S. House of Representatives from 1863 to 1876, serving as Speaker of the U.S. House of Representati ...
Amendment, which prohibited the State from funding parochial schools
*State takeover of costs for the court system, and the administration of welfare programs
*Allowing the legislature to incur debt without referendum
*The addition of a "statute of restrictions", or "two-part constitution", whereby a short Constitution would be enacted, and other provisions would be placed in a separate document that differed from normal statute as it took two years to amend.
The proposed changes were bundled into one document, and were met with stiff opposition. Thus, in November 1967, the voters rejected the new Constitution, with no county voting in favor.
Amending the Constitution
The current New York State Constitution of 1894/1938 can be amended in two main ways:
*By a proposal of an amendment in the Legislature, subject to voter approval, or
*Through a Convention, also subject to voter approval, which can be called in one of two ways:
:*By proposal of the Legislature, subject to voter approval
:*Through the automatic referendum every twenty years
Any legislative proposal must be approved by two successive Legislatures before being submitted for voter approval. If a convention is called, fifteen at-large members and three members per Senate district will be elected. These members will be compensated on the level of an Assembly member. The Convention will meet continuously in the Capitol until they conclude their work from the first Tuesday of April following their election.
Whether or not a limited-call convention dealing with specific issues is constitutional or not remains unclear. Proponents argue that because the Constitution is a limiting, and not a granting, document, then it is. They point to the fact that the 1801 Convention was a limited-call one. Opponents argue that because the Constitution does not expressly provide for such a Convention, any such convention would be unconstitutional.
See also
*
Law of New York
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
References
*
External links
Current Constitution (PDF)''Reports of the Proceedings and Debates of the Convention of 1821''
{{Authority control
Politics of New York (state)
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
Legal history of New York (state)
John Jay
New York (state) law