New York ratifies the Constitution for the united States (30-27).
NOTE: New York reserved all powers that it did not specifically delegate to Congress.
[restored 10/5/2021]
The Constitutional Ratification Convention of New York votes (YEA, 30; NAY, 27) to ratify the proposed Constitution for the united States—with 19 provisions, numbers 3, 7, 14 and 19 of which state:
- That the Powers of Government may be reassumed by the People, whensoever it shall become necessary to their Happiness; that every Power, Jurisdiction and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the Government thereof, remains to the People of the several States, or to their respective State Governments to whom they may have granted the same; And that those Clauses in the said Constitution, which declare, that Congress shall not have or exercise certain Powers, do not imply that Congress is entitled to any Powers not given by the said Constitution; but such Clauses are to be construed either as exceptions to certain specified Powers, or as inserted merely for greater Caution [This is the Right of Secession].
- That standing Armies in time of Peace are dangerous to Liberty, and ought not to be kept up, except in Cases of necessity; and that at all times, the Military should be under strict Subordination to the civil Power.
- That the trial by Jury in the extent that it obtains by the Common Law of England is one of the greatest securities to the rights of a free People, and ought to remain inviolate.
- That no Treaty is to be construed so to operate as to alter the Constitution of any State. [emphasis added]
This makes New York the 11th State to secede from the Confederation, and brings the balance, in the Senate, of free States and slave States to five free and six slave.
[updated 12/14/2024]
Subsequent Events:
Authority:
References:
“Chronology of Events, 1774-1804,” from The Debate on the Constitution, two volumes, Bernard Bailyn, ed., (New York: Library of America, 1993), 2:1067-68.
Calvin D. Linton, ed. The Bicentennial Almanac: 200 Years of America, 1776-1976, (Nashville, Tennessee: Thomas Nelson, 1975), 42.
Joseph R. Stromberg, “Republicanism, Federalism, and Secession in the South, 1790 to 1865,” Secession, State and Liberty, David Gordon, ed., (New Brunswick, New Jersey and London: Transaction, 1998), 115.
Avalon Project – Ratification of the Constitution by the State of New York; June 26, 1788
avalon.law.yale.edu/18th_century/ratny.asp