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

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.