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THE

CONSTITUTION

OF THE

STATE OF NEW YORK.

IN CONVENTION OF THE REPRESENTATIVES OF THE STATE OF NEW-YORK.

Preamble.

Reafins of eftablish

vernment.

KINGSTON, 20th April, 1777.

W ufurpations of the king and parliament of Great

HEREAS the many tyrannical and oppreffive,

nya temporary go- Britain, on the rights and liberties of the people of the American colonies, had reduced them to the necellity of introducing a government by congrefles and committees, as temporary expedients, and to exit no longer than the grievances of the people fhould remain without redress.

AND WHEREAS the congrefs of the colony of New-York, did, on the thirty-first day of May, now lait paft, refolve as follows, viz.

"WHEREAS the prefent government of this colony, by congrefs and committees, was inftituted while the former government under the crown of Great-Britain, exifted in full force; and was citablished for the fole purpose of oppofing the ufurpation of the British parliament, and was intended to expire on a reconciliation with Great-Britain, which it was then apprehended would foon take place, but is now confidered as remote and uncertain. Inconveniences of it. "AND WHEREAS many and great inconveniences attend the faid mode of government by congrefs and committees, as of neceffity, in many inftances, legislative, judicial and executive powers have been vefted therein, efpecially fince the diffolution of the former government, by the abdication of the late governor, and the exclusion of this colony from the protection of the king of Great-Britain.

“ AND WHEREAS the continental congrefs did refolve as followeth, to wit:

Refolution of the WHEREAS his Britannic majefty, in conjunction with continental congrefs, the lords and commons of Great-Britain, has, by a late act of parliament, excluded the inhabitants of the fe united colonies from the protection of his crown.--And whereas no anfwers whatever, to the humble perition of the colonies for redrefs of grievances and reconciliation with Great-Britain, has been, or is likely to be given, but the whole force of that kingdom, aided by foreign mercenaries, is to be exerted for the defraction of the good people of thefe colonies.-And whereas it appears abfely irreconcilable to reafon and good confcience, for the people of thee colonies, now to take the oaths and affirmations neceffary for the pport of any government under the crown of Great-Britain; and it is neceflary that the excrcife of every kind of authority under the faid crown, fhould be totally fupprefled, and all the powers of government exerted under the authority of the people of the colonies, for the prefervation of internal peace, virtue and good order, as well as for the defence of our lives, liberties, and properties, against the hoftile invafions and cruel depredations of our enemies. Therefore,

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RESOLVED, That it be recommended to the refpective affemblies and ⚫ conventions of the united colonies, where no government fufficient to the Recommending the exigences of their affairs has been hitherto established, to eftablishment of ge adopt fuch government as fhall, in the opinion of the reprefentatives of the people, beft conduce to the happiness and fafety of their conflituents in particular, and America in general.' " AND WHEREAS doubts have arifen, whether this congress are invefted with fufficient power and authority to deliberate and determine on fo Provincial congrefs important a fubject as the neceflity of erecting and conftiinvested with tuting a new form of government and internal police, to new form of govern the exclufion of all foreign jurifdiction, dominion and controul whatever. And whereas it appertains of right folely to the people of this colony to determine the faid doubts: Therefore,

not

power to inftitute a

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rife their deputies or

government.

"RESOLVED, That it be recommended to the electors in the feveral counties in this colony, by election in the manner and form prefcribed for the election of the prefent congrefs, either to authorife (in addition to the Recommendation to powers veiled in this congrefs) their prefent deputics, or the electors to autho- others in the ftead of their prefent deputies, or either of them, others to form a new to take into confideration the neceffity and propriety of inftituting fuch new government as in and by the faid refolution of the continental congrefs is defcribed and recommended: And if the majority of the counties, by their deputies in provincial congrefs, fhall be of opinion that fuch new government ought to be inftituted and established, then to inftitute and establish fuch a government as they shall deem beft calculated to fecure the rights, liberties, and happiness of the good people of this colony; and to continue in force until a future peace with Great-Britain fhall render the fame unneceflary. And,

"RESOLVED, That the faid elections in the feveral counties, ought to be had on fuch day, and at fuch place or places, as by the committee of each county refpectively fhall be determined.-And it is recommended to the faid committees, to fix fuch early days for the faid elections, as that all the Time and place for deputies to be elected have fufficient time to repair to the meeting of te depu City of New-York by the fecond Monday in July next; on which day all the faid deputies ought punctually to give

ties.

their attendance.

" AND WHEREAS the object of the aforegoing refolutions is of the atmost importance to the good people of this colony;

RESOLVED, That it be, and it is hereby earnestly recommended to the committees, freeholders, and other electors in the different counties in this colony, diligently to carry the fame into execution."

AND WHEREAS the good people of the faid colony, in pursuance of the faid refolution, and repofing fpecial truft and confidence in the members The convention of this convention, have appointed, authorifed and empowempowered for the ered them for the purposes, and in the manner, and with purpofe aforefaid. the powers in and by the faid refolve fpecificd, declared and

mentioned.

AND WHEREAS the delegates to the united American flates, in general congrefs convened, did on the fourth day of July now lafl paft, folemnly publish and declare, in the words following, viz.

Declaration of Independence.

"WHEN in the courfe of human events, it becomes neceffary for one people to diffolve the political bands which have connected them with another, and to affume among the powers of the earth, the feparate and equal ftation to which the laws of nature and of nature's God intitle them, a decent refpect to the opinions of mankind requires that they should declare the caules which impel them to the feparation. "We hold thefe truths to be felf-evident, that all men are

Reafons for infti

governments.

tting and altering created equal; that they are endowed by their creator with certain unalienable rights; that among thefe are, life, liberty, and the pursuit of happiness.-That to fecure thefe rights, governments are inftituted among men, deriving their juft powers from the confent of the governed; that whenever any form of government becomes deftructive of thefe ends, it is the right of the people to alter or to abolish it, and to inflitute new government, laying its foundation on fuch principles, and organizing its powers in fuch form, as to them fhall feem moft likely to effect their fafety and happiness. Prudence indeed will dictate, that governments long established should not be changed for light and tranfient caufes, and accordingly all experience hath fhewn, that mankind are more difpofed to fuffer, while evils are fufferable, than to right themfelves by abolishing the forms to which they are accustomed. But when a long train of abufes and ufurpations pursuing invariably the fame object, evinces a defign to reduce them. under abfolute defpotifim, it is their right, it is their duty, to throw off fuch government, and to provide new guards for their future fecurity. Such has been the patient fufferance of thefe colonies; and fuch is now the neceffity which constrains them to alter their former fyftem of government. The hiftory of the prefent king of Great-Britain is a hilory of repeated injuries and ufurpations, all having in direct object, the establishment of an abfolute tyranny over thefe ftates. To prove this, let facts be fubmitted to a candid world.

Tyrannic proceed- "He has refufed his affent to laws, the moft wholefome ings of the king of Great Britain. and neceflary for the public good.

"He has forbidden his governors to pafs laws of immediate and preffing importance, unlefs fufpended in their operation till his affent fhould be obtained; and when fo fufpended, he has utterly neglected to attend to them. "He has refused to pass other laws for the accommodation of large direts of people, uniefs thofe people would relinquish the right of repreAntation in the legislature; a right ineflimable to them, and formidable to tyrants only.

"He has called together legiflative bodies at places unufual, uncomfortable, and diflant from the depolitory of their public records, for the fole purpofe of fatiguing them into compliance with his measures.

"He has diflolved reprefentative houfes repeatedly, for oppofing with manly firmness his invations on the rights of the people.

"He has refufed for a long time, after fuch diffolutions, to caufe others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large, for their exercife; the ftate remaining in the mean time exposed to all the dangers of invafion from without, and convuliions within.

"He has endeavoured to prevent the population of these states; for that purpofe obftructing the laws for naturalization of foreigners; refufing to pass others to encourage their migrations hither, and raifing the conditions of new appropriations of lands.

"He has obftructed the adminiflration of juftice, by refufing his affent to laws for eftablishing judiciary powers.

"He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their falaries.

"He has erected a multitude of new offices, and fent hither swarms of officers to harrafs our people, and eat out their fubftance.

"He has kept among us, in times of peace, flanding armics, without the cenfent of our legiflatures.

"He has affected to render the military independent of, and fuperior to, the civil power.

"He has combined with others to fubject us to a jurisdiction foreign to our confiitution, and unacknowledged by our laws; giving his aflent to their acts of pretended legiflation,

"For quartering large bodies of troops among us:

"For protecting them, by a mock trial, from punishment for any murders which they fhould commit on the inhabitants of these states: "For cutting off our trade with all parts of the world:

"For impofing taxes on us without our confent:

"For depriving us in many cafes, of the benefits of trial by jury: "For transporting us beyond feas to be tried for pretended offences: "For abolishing the free fyftem of English laws in a neighbouring pro-, vince, establishing therein an arbitrary government, and enlarging its boundaries, fo as to render it at once an example and fit inftrument for introducing the fame abfolute rule into thefe colonies:

"For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments:

"For fufpending our own legiflatures, and declaring themfelves invefted with power to legiflate for us in all cafes whatfoever.

"He has abdicated government here, by declaring us out of his protection, and waging war against us.

"He has plundered our feas, ravaged our coafts, burnt our towns, and defroyed the lives of our people.

"He is, at this time, tranfporting large armies of foreign mercenaries to complete the works of death, defolation and tyranny, already begun with circumflances of cruelty and perfidy, fcarcely parallefed in the moft barba rous ages, and totally unworthy the head of a civilized nation.

"He has conftrained our fellow citizens, taken captive on the high feas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themfelves by their hands.

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