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Manner of choos ing delegates.

Counties of
Hamilton and
Fulton.

as the number of members of the Assembly, to be chosen in and by the said cities and counties respectively, in pursuance of an act entitled “ An act for the apportionment of the members of the Assembly of this State," passed March 30th, 1846.

$ 2. For the purpose of electing delegates to the said convention, the county of Hamilton shall be considered part of the county of Fulton; and the other counties of this State shall separately elect the delegates to the said convention, to which they shall be respectively entitled.

3. This act shall take effect immediately.

When to take effect.

THE

CONSTITUTION OF THE STATE OF NEW YORK.

ADOPTED IN 1777.

IN CONVENTION OF THE REPRESENTATIVES OF

THE STATE OF NEW YORK.

Government by
Congresses and

KINGSTON, 20th April, 1777. WHEREAS the many tyrannical and

oppressive usurpations of the king and parliament of Great Committees. Britain, on the rights and liberties of the people of the American colonies, had reduced them to the necessity of introducing a government by congresses and committees, as temporary expedients, and to exist no longer than the grievances of the people should remain without redress:

AND WHEREAS the congress of the colony of New York did, on the thirty-first day of May, now last past, resolve as follows, viz : “ WHEREAS, the present government of this co

Its object tempolony, by congress and committees, was instituted while the former government, under the crown of Great Britain, existed in full force ;—and was es. tablished for the sole purpose of opposing the usurpation of the British parliament, and was intended to expire on a reconciliation with Great Britain, which it was then apprehended would soon take place, but is now considered as remote and uncertain.

“AND WHEREAS many and great inconveniences Its inconvenienattend the said mode of government by congress and committees, as of necessity, in many instances legislative, judicial and executive powers have been

rary.

ces.

vested therein, especially since the dissolution 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 congress did reRecital, and solve as followeth, to wit :

“ WHEREAS his Britannic Majesty, in conjunction with the lords and commons of Great Britain, has by a late act of parliament, excluded the inhabitants of these united colonies from the protection of his crown: And whereas no answer whatever, to the humble petition of the colonies for redress 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 destruction of the good people of these colonies: And whereas it appears absolutely irreconcilable to reason and good conscience, for the people of these colonies now to take the oaths and affirmations necessary for the support of any government under the crown of Great Bri. tain ; and it is necessary that the exercise of every kind of authority under the said crown should be totally suppressed, and all the powers of government exerted under the authority of the people of the colonies, for the preservation of internal peace, virtue and good order, as well as for the defence of our lives, liberties, and properties, against the hostile invasions and cruel depredations of our enemies : Therefore,

"RESOLVED, That it be recommended to the rerecommending

spective assemblies and conventions of the united cothe institution of lonies, where no government sufficient to the exigen

cies of their affairs has been hitherto established, to adopt such government as shall, 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.”

Resolution of the
General Congress

new governments

powers.

AND WHEREAS doubts have arisen, whether this powers of the congress are invested with sufficient power and gress inudequate. authority to deliberate and determine on so important a subject as the necessity of erecting and constituting a new form of government and internal police, to the exclusion of all foreign jurisdiction, dominion, and control whatever. And whereas it appertains of right solely to the people of this colony to determine the said doubts : therefore, “ RESOLVED, That it be recommended to the elect- Recommendation

to elect deputies ors in the several counties in this colony, by election with adequate in the manner and form prescribed for the election of the present congress, either to authorize (in addition to the power vested in this congress) their present deputies, or others in the stead of their present deputies, or either of them, to take into consideration the neces. sity and propriety of instituting such new government as in and by the said resolution of the continental congress is described and recommended: And if the ma. jority of the counties by their deputies in provincial congress, shall be of opinion that such new government ought to be instituted and established, then to institute and establish such a government as they shall deem best calculated to secure the rights, liberties, and happiness of the good people of this colony; and to continue in force until a future peace with Great Britain shall render the same unnecessary. And RESOLVED, That the said election in the several Time and place

of meeting. counties ought to be had on such day, and at such place or places, as by the committee of each county respectively shall be determined.

And it is recommended to the said committees, to fix such early days for the said elections, as that all the deputies to be elected have sufficient time to repair to the city of New York by the second Monday in July next; on which day all the said deputies ought punctually to give their attendance.

“ AND WHEREAS the object of the aforegoing reso

Appointment of this Convention.

Proceedings of the General Congress.

lution is of the utmost 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 same into execution.”

“AND WHEREAS the good people of the said colony, in pursuance of the said resolution, and reposing special trust and confidence in the members of this convention, have appointed, authorized, and empow. ered them, for the purposes, and in the manner, and with the powers in and by the said resolve, specified, declared, and mentioned.

“ AND WHEREAS the delegates of the United American States, in general congress convened, did on the fourth day of July now last past, solemnly publish and declare in the words following, viz:

When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with an. other, and to assume among

the
powers

of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

“ We hold these truths to be self evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just pow. ers from the consent of the governed; that when. ever any

form of government becomes destructive of those ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem

Reasons thereof.

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