Essay Urging Ratification New York

Introduction to the New York Ratifying Convention

Day-by-Day-Summary | New York Ratifying Convention | New York Amendment Proposals

The Context of Ratification

Plaque Commemorating the Location of the New York Ratifying Convention

By the end of May 1788, proponents of the Constitution had secured the approval of eight state ratifying conventions. But securing the ninth state was not going to be an easy task. Everything rested on the three remaining states: New Hampshire, Virginia, and New York. (North Carolina and Rhode Island did not ratify the Constitution until the First Congress sent twelve amendment proposals to the states for ratification.) The best evidence suggests that going into these three ratifying conventions, the Federalist–Antifederalist delegate split was 52-52 in New Hampshire, 84-84 in Virginia and 19-46 in New York. And all were scheduled to meet in June: Virginia on the 2nd, New York on the 17th, and New Hampshire on the 18th. News that New Hampshire ratified came one week into the New York convention. Chancellor Livingston captured the moment: “The Confederation, he said, was dissolved. The question before the committee was now a question of policy and expediency.” News that Virginia had ratified reinforced Livingston‘s observation. Yet the delegates continued debating for another three weeks! On July 26, New York, by a vote of 30-27, ratified the Constitution and proposed 25 items in a Bill of Rights and 31 amendments. These proposals, along with the Circular Letter to the other States, are reproduced at the end of the day-by-day summary.

The Leading Delegates

Among those delegates who defended the Constitution at the New York Ratifying Convention were 1) Alexander Hamilton and 2) John Jay, joint authors of The Federalist Papers and 3) Chancellor Livingston who administered the oath of office to President George Washington at the First Inaugural. Opposing adoption of the Constitution were 1) Melancton Smith, 2) John Lansing, a New York delegate to the Constitutional Convention in Philadelphia who left in protest after six weeks, 3) and Governor George Clinton, author of the Cato essays and President of the Convention.

June 17-June 23: Preamble and Article I, Section 2

Chancellor Livingston sets the tone. The delegates agree to discuss the Constitution in a “systematic manner.” Thus they begin with the Preamble. The Hamilton–Smith exchange follows over the scheme of representation in the House. Is the proposed ratio of representation large enough to pass the twin tests of sufficiently “adequate” to represent the “interests” of the people and also to discourage the “corruption” of representatives? Are there assurances that the ratio will be adjusted?

June 24-June 26: Article I, Sections 3 and 4

The Federal Pillars

Word arrived on June 24 that New Hampshire had ratified. The delegates discuss the merits and demerits of an amendment proposal to require that Senators be subject to rotation and recall. Smith thinks that a six-year term with rotation meets the stability test and avoids the Senate becoming a “perpetual body.” Besides, rotation “will diffuse a more general spirit of emulation, and to bring forward into office the genius and abilities of the continent.” Hamilton claims the recall and rotation amendment would weaken the Senate and be contrary to “systematic government.”

Chancellor Livingston interrupts with news that New Hampshire has ratified the Constitution. This created “an alteration in circumstances.” Lansing disagrees, especially with Livingston‘s insinuation that there is a disunionist temperament in the air.

Lansing and Duane discuss whether a state-based district representation amendment is necessary and practicable.

June 26-July 2: Article I, Sections 8 and 9

Word arrived on July 2 that Virginia had ratified. The delegates discuss Congressional power. Williams considers the restrictions on Congressional power to be “inadequate.” In particular, he is concerned that the state governments are not provided with a source of revenue. Hamilton delivers a lecture in political theory: “When, in short, you have rendered your system as perfect as human forms can be, then you must give power.” Hamilton and Lansing had a “warm altercation” over remarks by the former at the Constitutional Convention. Tredwell suggested that the claim of the proponents that what was not expressly given in the Constitution is reserved is an “absurdity.”

July 4-July 5: Articles II and III

Mr. G Livingston and Mr. Smith raised serious concerns about the structure and power of the Presidency, including re-eligibility and responsibility to Congress. Mr. Jones introduced and defended 9 Resolves that would restrain the Judiciary.

July 7: Articles IV, V, and VI

Articles IV and V were read without interruption. Two amendments are proposed to Article VI. Smith moved to amend the necessary and proper clause, Article I, Section 8, Clause 17. Lansing suggested that a Bill of Rights be prefixed to the Constitution.

July 8-July 9: An Interlude of Sorts

The delegates meet but no business is conducted.

July 10: The Lansing Proposals

Lansing submitted “a plan of amendments, on a new arrangement, and with material alterations. They are divided into three—1st, explanatory; 2d, conditional; 3d, recommendatory.”

July 11-July 18: The Jay Resolutions

Jay suggested two resolutions: [1] “the Constitution under consideration ought to be ratified by this Convention. [2] “that such parts of the said Constitution as may be thought doubtful ought to be explained, and that whatever amendment may be deemed useful, or expedient, ought to be recommended.”

According to the Recorder:

“The debates on this motion continued till Tuesday, the 15th of July; when Mr. SMITH moved, as an amendment, to add to the first resolution proposed by Mr. JAY, so that the same, when amended, should read as follows:

“Resolved… that the Constitution under consideration ought to be ratified by this Convention: upon condition.”

The delegates apparently made little progress.

July 19 – July 26: The Adoption of the Constitution

Lansing urged a “consideration [of] a draft of a conditional ratification, with a bill of rights prefixed, and amendments subjoined.” [The Recorder: “Debates arose on the motion, and it was carried. The committee then proceeded to consider separately the amendments proposed in this plan of ratification.”] The condition was that New York could secede from the Union if a convention had not been called in four years.

Jones moved “on condition, in the form of the ratification, should be obliterated, and that the words in full confidence should be substituted—which was carried.”

The whole being gone through and amended, the question was put, whether the committee did agree to the same, which was carried in the affirmative.

The bill of rights, and form of the ratification of the Constitution, with the amendments, were read. The question was “put” whether the same should pass. The vote was 30-27 in favor of ratification.

Who Changed Their Mind?

The nine probably included Mr. Scudder, Mr. J. Smith, Mr. Junes, Mr. Schenek, Mr. Lawrence, Mr. Carman, Mr. Platt, and Mr. Williams. Melancton Smith and Mr. De Witt, along with nine other delegates changed their mind in light of the practical reality that the Constitution had received the affirmation of ten state ratifying conventions. Abraham Yates, John Lansing, and Thomas Tredwell, however, voted to reject the Constitution. Governor Clinton, and seven other Antifederalists, abstained.

The above painting is a mural located on the north wall of the Poughkeepsie Post Office that was painted by Gerald Foster in 1938. Foster was an American muralist, painter, and illustrator from New Jersey who lived from 1900 to 1987. He was a student at Princeton, the National Academy of Design, and the Art Students League. The mural was commissioned by Franklin D. Roosevelt for the post office as a part of the New Deal under the Section of Painting and Sculpture of the Treasury Department. Shown from left to right are: Philip Van Cortlandt, Cornelius Schoonmaker, Peter Vrooman, John Haring, Israel Thompson, Robert R. Livingston, Melancton Smith (with his hand on Governor Clinton’s back), Governor George Clinton,Alexander Hamilton (shaking hands with Governor Clinton), Abraham Bancker, John Jay, James Clinton, Issac Roosevelt, John Sloos Hobart, Jacobus Swartwout, Peter Vandervoort, James Duane, Philip Livingston, John Lansing, Lewis Morris, Richard Morris, Dirck Wyncoop and Gozen Ryerss. The artist’s rendition of the interior of the Dutchess County Courthouse is based upon careful historical and architectural research of the period.  Thanks to the Poughkeepsie Post Office for permission to use the image.

 

constitutional scavenger hunt

Father of the Constitution?
Essays urging ratification during NY ratification debates?
Two author of the Federalist Papers?
John Jay and Alexander Hamilton
How many states had to ratify the constitution to make it go into effect?
Nine (Article I Section 2)
Last 2 states to ratify after the Constitution went in aeffect?
How often is the number of congressional districts per state determined?
Every 10 years (Article 1 Section 2)
How were slaves to be counted when determining the number of congressional districts?
3/5ths of a person (Article 1 Section 2)
Who has the sole power of impeachment?
House of Reps. (Article I Section 3)
Who has the power to try officials who have been impeached?
Senate (Article I Section 3)
When the president is impeached who presides at the trial?
Chief of Justice (Article I Section 3)
A writ of habeas corpus may not be suspended except when?
Cases of rebellion/ invasion of public safety (Article I Section 9)
Name one limit on the States
States can not coin money (Article I Section 10)
Name 2 congressional limits on the President.
impeachment and 2/3 votes overrules veto (Article I Section 7 & 9)
Which article of the Constitution defines the powers of the President?
What office mentioned in the Constitution must a person be a natural-born citizen?
President (Article II Section I)
Name 3 powers of the president as stated in the Constitution
Commander in Chief, make treaties, appoint ambassadors (Article II Section 2)
What branch(es) of the federal government are responsible for est. lower federal courts?
Legislative Branch (Article I Section 8)
What is the Vice-President's only constitutional responsibility?
President of the Senate (Article I Section 3)
What is the condition concerning the nature of state governments as stated in the Constitution?
Must be republican form of Government (Article IV Section 4)
What is the only crime defined by the Constitution?
Treason ( Article III Section 3)
What is required to convict a person for treason?
Testimony of 2 witnesses of the same act or open confession in court (Article III Section 3)
How does article VI resolve possible conflicts between state and federal laws?
State laws must follow Federal laws (Article VI Section 3)
What does article VI say about giving religious tests to candidates for public office?
Religious test are unconstitutional (Article VI Section 3)
When is it possible for another constitutional convention like the Convention of 1789?
When 2/3 of congress and 3/4 of the states agree. (Article V Section 5)
Can the president introduce, ratify, or veto a constitutional amendment?
What are the first 10 amendments called?
Name three of the 5 basic right in the 1st Amendment
Freedom of speech, press, and assembly
Name 5 rights guaranteed to all citizens in the Bill of Rights
To keep and bear arms,freedom from search and seizure, trial by jury, speedy trial, no cruel or unusual punishment
What does the 10th Amendment say about the delegation of power to the states?
Powers not delegated to the U.S. nor prohibited too the states, are reserved to the states.
Which Amendment est. a federal income tax?
the 19th Amendment which gave women the right to vote passed in what year?
People who fought for the passage of the 19th Amendment were called?
20th Amendment states that if the President-elect dies before the beginning of their term, who becomes president?
The Vice President-elect (section 3)
Name the only Amendment the repeals another Amendment
What is the purpose of the most recent Amendment?
Amendment 21: give compensation to legislature
The argument "anyone old enough to fight for this country is old enough to vote" secured the passage for what amendment?
What is the term served by a member of the House of Reps.?
2 years (Article I Section 2)
What is the term served by a member of the Senate?
6 years (Article I Section 3)

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