and the hope of reconciliation with the king and parliament declined, the patriots and sages who, at first, thought only of defending their natural and chartered liberties, were forced to contemplate the prospect of a final separation, and to provide for the ground of absolute independence. Accordingly, on the 15th of May, 1776, a resolution was passed by the Continental Congress, then sitting at Philadelphia, by which it was recommended to the respective assemblies and conventions of the United Colonies, where no government sufficient to the exigencies of their affairs had been established, to adopt such government as should, in the opinion of the representatives of the people, "best conduce to the happiness and safety of their constituents in particular, and America in general."

Of the thirteen original colonies, all, except Connecticut and Rhode Island, pursued the course thus recommended. The charters of these two colonies reserved to the crown no control over the acts of internal policy emanating from the colonial legislative bodies, nor even any share in the executive power; the acts of the former did not require the royal sanction, and the latter was chosen by the colonists themselves; nothing, therefore, was necessary to their convenient action as states, but the casting off of their dependence on Great Britain.

The constitution of Virginia, which was the first in the order of time, was adopted on the 12th of June, 1776. New Jersey, Maryland, and North Carolina, following her example, completed their constitutions during the same year. The constitution of New York was the fifth in the series; having been finally adopted on the 20th of April, 1777.

The Provincial Congress of New York, elected in April, 1776, assembled in the city of New York, a few days after the passage of the resolution of the Continental Congress, mentioned above.

They proceeded, without delay, to consider this resolution. It was fully discussed, and on its true grounds. It was treated as involving, substantially, the question of independence. Gouverneur Morris, then a delegate for the county of Westchester, appears, though one of the youngest members, to have taken a leading part in this debate; and, as may be seen by the extracts from his speech, in the work of Mr. Sparks, he strongly argued the duty and necessity of abandoning, for ever, the phantom of reconciliation, and of seeking peace, liberty, and security by a new and independent movement. Being, however, of opinion, that the Congress had not the power to enter on the plan of a new government, he proposed that a committee should be appointed, to draw up a notice to the people, recommending the election of delegates, for the express purpose of assembling and forming a new government. Other members thought, and of this opinion was a majority of the house, that the subject should be referred to a committee, to consider and report thereon; and a resolution to this effect was accordingly adopted. The committee, on the 27th of May, reported,

that the right of framing or new-modelling civil government belonged to the people; and that as doubts existed of the authority of the Provincial Congress to form a new government, the people should be called together to express their sentiments on the subject, by the usual mode of election.

This report is worthy of special notice, as one of the earliest and most explicit expositions of the doctrine of the popular sovereignty put forth in this state. It was approved by the Congress; and on the 31st of May, this body passed a series of resolutions prepared by Mr. Jay, calling on the people of the several counties to elect deputies to a new Congress, with power to establish a form of government.

The general movement towards independence, was now proceeding with such strength and swiftness, that before the sense of the people of New York could be taken, the Provincial Congress was obliged to anticipate, in some degree, the action it had invited.

The convention of Virginia had passed a resolution on the 22d of May, instructing the representatives of Virginia in the Continental Congress, to bring forward and sustain a proposition for declaring the United Colonies free and independent states.

On the 7th of June, the delegates from Virginia made such a motion, which was discussed on the 8th and 10th. As it then appeared, (to use the language of Mr. Jefferson,) "that the Colonies of New York, New Jersey, Pennsylvania, Delaware, and Maryland, were not matured for falling from the parent stem, but they were fast advancing to that state; it was thought most prudent to wait awhile for them, and to postpone the final decision to the first of July, but that this might occasion as little delay as possible, a committee was appointed to prepare a Declaration of Independence."

This committee reported on the 28th of June; and, as is well known to every American, the immortal declaration was adopted on the 4th of July.

In the mean time, delegates had been elected in the several counties of this state, who were to meet in the city of New York on the 8th of July Before that day, Sir William Howe arrived at Sandy Hook with a British fleet and army; and the city of New York, which had for some time been occupied by Washington and the American troops, became the immediate centre of the great military operations about to ensue. The new Congress, unable to assemble in the city, came together at White Plains, and at the moment of its meeting, received official notice of the decisive step which had been taken at Philadelphia. Its first acts (July 9th) were to pass, by unanimous vote, a resolution approving the Declaration of Independence, and to order its publication throughout the State. It then changed its title from that of the "Provincial Congress of the Colony of New York," to that of the "Convention of the representatives of the state of New York;" and in view of the new exigencies pressing upon the country, immedi

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ately took measures for relieving the city, and for maintaining, by military power and by all the influence it could exert, the cause of liberty and independence.

These duties compelled the convention to defer its entrance on the special labour for which it had assembled, until the 1st of August, when a committee was appointed to draw up and report a constitution. JOHN JAY was the chairman of this committee; and the duty of preparing the draft appears to have been assigned to him. But he was also chairman of the committee of safety appointed by the convention, and with his associates in both bodies, was engaged day and night in the toils and cares of that most perilous conjuncture.

The convention, acting sometimes in this character, and sometimes as a general committee of safety, watching the progress of military events, and migrating from place to place, sat, successively, at White Plains, Haerlem, Fishkill, and finally, from February, 1777, to May in that year, at Kingston. While at Fishkill, the members supplied themselves with arms and ammunition for their defence in case the British or their armed adherents, of whom there were many, should assail them in their retreat. Like the high-souled Hebrew leader and his brave companions, these equally fearless builders "had every one his sword girded by his side, and so builded."

On the 12th of March, 1777, the committee reported the draft of a constitution, which, on the 20th of April, 1777, was adopted by the convention. Though more than a month intervened between the report and the final vote, the convention was compelled to give to the subject a very hurried consideration. Mr. Jay, the chief author of the draft, ascribes to this circumstance the striking out of some provisions which he regarded as important, and the insertion of others which he deemed objectionable.

The constitution, as finally adopted by the convention, bears, on its face, many of the intellectual and moral traits of its principal author. It begins with a preamble in which are set forth in explicit terms, the causes which demanded the erection of a new government; the several steps taken for the purpose, under the sanction of the continental Congress, by the people of New York; and the authority of the convention to represent them in this solemn and momentous work. Among other things, it recites at large the Declaration of Independence, and the unanimous resolution of the convention of the 9th of July, 1776, approving the declaration and pledging the colony to its support. As a consequence of this measure and of the other matters thus recited, the preamble concludes, that all power whatever, in the state of New York, "hath reverted to the people thereof;" and that the convention having been appointed by their suffrages and free choice, is authorized to institute and establish for the good people of the state, a new form of government.

By its first article the constitution declared, that no authority should,

on any pretence whatever, be exercised in the state, but such as should be derived from, and granted by the people.

It then proceeded to vest the legislative power in a senate and assembly-the members of the former body, twenty-four in number, being chosen from four senate districts into which the state was divided, for four years, from and by the freeholders of the district respectively, possessed of freeholds of the value of £100 ($250) over and above incumbrances; and of the latter, who were to be at least seventy in number, for one year, from and by the inhabitants of the respective counties, possessing freeholds of the value of twenty pounds, or renting tenements of the yearly value of twenty shillings and paying taxes. Provision was made for increasing both branches with the increase of population, but the senate was never to exceed one hundred, nor the assembly three hundred.

The executive power was vested in a governor, and as his substitute, a lieutenant governor, to be chosen by ballot, by and from the freeholders qualified to vote for senators, for three years; and the judicial, in a chancellor, and judges of the supreme court, and first judges of counties, to hold respectively during good behaviour until the age of sixty years, and in other courts, judges and inferior magistrates, holding at the pleasure of the appointing power.

A court of last resort and for the trial of impeachments, was formed on the principle of the English house of Lords, and of the colonial council. It was to be composed of the lieutenant governor, the senators, the chancellor, and the judges of the supreme court; the chancellor having no voice in the determination of appeals from his decrees, nor the judges in that of writs of error.

The appointing power was vested in a council of appointment; consisting of four senators selected annually by the assembly, who, with the governor, were to form the council. To this body was given the power of appointing and removing, at pleasure, all officers in the state, except the chancellor, judges of the supreme court and first judges of counties.

To prevent the passage of laws inconsistent with the spirit of the constitution, or with the public good, there was established, a council of revision, composed of the governor, the chancellor, and the judges of the supreme court, in which was vested the power of negativing all acts passed by the senate and assembly; the veto of the Council being absolute, except when the bill should be repassed by a vote of twothirds of each house.

The constitution, after reciting that the opinion had long prevailed among the people of New York, that voting by ballot would tend more to promote the liberty and freedom of the people, than voting viva voce, directed the legislature after the termination of the war, to prescribe by law the mode of voting for senators and representatives in the house of assembly, by ballot; with power to recur to the

former mode, if, after a full and fair experiment, it should be thought best so to do. But during the war with Great Britain, all votes for those officers, were to be given viva voce.

It was provided that such parts of the common law of England, and of the statute law of England and Great Britain, and of the colony of New York, as, together, formed the law of the colony on the 19th day of April, 1775, (the day of the battle of Lexington,) should continue subject to alteration by the legislature, to be the law of New York; except that all such parts of the common and statute law, as might be construed to establish or maintain any particular denomination of Christians, or their ministers, as well as those which concerned the allegiance before yielded to, and the sovereignty claimed by the king of Great Britain, or were otherwise repugnant to the constitution, were expressly abrogated and rejected.

Grants by the king of Great Britain, after the 14th of October, 1775, were declared to be void; but those made by him or his predecessors, before that day, were preserved.

To prevent frauds upon the natives, the power of making Indian purchases was so limited, as to make the authority and consent of the legislature necessary to their validity.

Besides abrogating such parts of the common and statute law as gave any preference to any particular church, the constitution also expressly declared, that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, should be for ever allowed within the state, TO ALL MANKIND. This clause was preceded by a preamble, expressed with remarkable energy and point:

"We are required," (say the convention as their reason for the article,)" we are required, by the benevolent principles of rational liberty, not only to expel civil tyranny, but also to guard against that spiritual oppression and intolerance, wherewith the bigotry and ambition of weak and wicked priests and princes have scourged mankind."

In contrast, as has been thought in later times, with this liberality, is the next clause, in which, after reciting that "the ministers of the gospel are, by their profession, dedicated to the service of God and the cure of souls, and ought not to be diverted from the great duties of their function," the constitution provides, that "therefore, no minister of the gospel, or priest of any denomination whatsoever, shall, at any time hereafter, under any pretence or description whatever, be eligible to, or capable of holding, any civil or military office or place within this state."

The constitution contained no formal bill of rights; but besides the full protection of religious freedom already mentioned, the right of trial by jury was made inviolate; acts of attainder, except for crimes committed during the then existing war, were prohibited; no person was to be disfranchised, unless by the law of the land or the judgment of his peers; quakers were to be excused from military service on paying