The First Constitution Brings the State of New York into Existence, April 20, 1777

Suggested Teaching Instructions

Learning Standards
7.4 HISTORICAL DEVELOPMENT OF THE CONSTITUTION: The newly independent states faced political and economic struggles under the Articles of Confederation. These challenges resulted in a Constitutional Convention, a debate over ratification, and the eventual adoption of the Bill of Rights.
(Standards: 1, 5; Themes: GOV, CIV)
7.4b The lack of a strong central government under the Articles of Confederation presented numerous challenges. A convention was held to revise the Articles, the result of which was the Constitution. The Constitution established a democratic republic with a stronger central government.
Students will examine the New York State Constitution, its main ideas and provisions, and its influence on the formation of the United States Constitution.

11.2 CONSTITUTIONAL FOUNDATIONS (1763 – 1824): Growing political and economic tensions led the American colonists to declare their independence from Great Britain. Once independent, the new nation confronted the challenge of creating a stable federal republic.
(Standards: 1, 5; Themes: TCC, GOV, CIV, ECO)
11.2c Weaknesses of the Articles of Confederation led to a convention whose purpose was to revise the Articles of Confederation but instead resulted in the writing of a new Constitution. The ratification debate over the proposed Constitution led the Federalists to agree to add a bill of rights to the Constitution.
Students will examine the rights and protections provided by the Bill of Rights and to whom they initially applied

Introduction
In late 1776 and early 1777, New York’s status was ambiguous. It had broken free of its status as a colony and declared itself to be a “state” but no one was sure just what that meant. The other twelve breakaway colonies all had done the same.

Now each one began the process of devising a written constitution to define just what being a state meant.

Soon after the Convention of Representatives of the State of New York issued the plea for citizen support in Document 3, it turned to writing a constitution for the newly-proclaimed State of New York. The Convention had retreated up the Hudson to Kingston, a safe haven from British authorities in New York City, and went to work in the Ulster County courthouse.

The Convention members had few precedents to draw on and largely relied on their own experiences with colonial government and their understanding of European writers who espoused the right of the people to government by consent.

The document, finished on April 20, 1777, began by quoting the Declaration of Independence.

It then proceeded to this stirring sentence:

“This convention…in the name and by the authority of the good people of this State, doth ordain, determine, and declare that no authority shall, on any presence whatever, be exercised over the people or members of this State but such as shall be derived from and granted by them.”

In those days, a document issued “in the name of and by the authority of” the people was unprecedented.

It outlined the structure and functions of state government, including a bicameral legislature and a strong governor.

The Constitution in effect brought the new STATE of New York into existence. It was proclaimed for the first time when the secretary of the convention mounted a barrel outside the court house and read it aloud to the citizens of Kingston on  April 22.

The first state constitution is one of the most important documents in New York history.

This learning activity is a part of the larger resource, Teaching Revolutionary New York with Historical Documents.