Constitution of New York, 1777
The Province of New York was established by its colonial charter. The constitution of 1777, which replaced the charter, was framed by a convention which assembled at White Plains, New York on July 10, 1776, and after repeated adjournments and changes of location, terminated its labors at Kingston, New York on Sunday evening, April 20, 1777, when the constitution was adopted with but one dissenting vote. It was not submitted to the people for ratification. It was drafted by John Jay, Robert Livingston, and Gouverneur Morris.
This constitution was a combination document, containing its Declaration of Independence from Great Britain, and its Constitutional Law. It called for a weak bicameral legislature and a strong executive branch. It retained provisions from the colonial charter such as the substantial property qualification for voting and the ability of the governor to prorogue 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 was legal in New York until 1827.
Under this constitution, the Assembly had a provision for a maximum of 70 Members, with the following apportionment:
- For the city and county of New York (at that time comprising only what is today Manhattan), nine.
- The city and county of Albany, ten
- Dutchess County, seven.
- Westchester County, six.
- Ulster County, six.
- Suffolk County (eastern Long Island), five.
- Queens County (now Queens and Nassau Counties), four.
- Orange County (now Orange and Rockland Counties), four.
- Kings County (Brooklyn), two.
- Richmond County (Staten Island), two.
- Tryon County (now Montgomery County), six.
- Charlotte County (now Washington County), four.
- Cumberland County (partitioned January 15, 1777 for the creation of the State of Vermont), three.
- Gloucester County (partitioned January 15, 1777 for the creation of the State of Vermont), two.
This apportionment stood unchanged until seven years after the end of the Revolution, when a census was held to correct the apportionment.
On the subject of enfranchisement, Article VII of the new constitution had the following to say:
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.
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