New York State Quotes
… this convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare that such parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this State, subject to such alterations and provisions as the legislature of this State shall, from time to time, make concerning the same.
Whereas most revolutions radically change the law from the preexisting laws, the American revolution essentially embraced most of the common law of England, English statutes and New York Colonial Statutes. The New York constitution reserved the right to change any of them, but the change Americans sought was partial and limited to certain areas. See {621430} for some examples of changes.
New York State, Article XXXV, New York State Constitution, April 20, 1777
Sourced by: Eigen's Political and Historical Quotations
Note that in addition to getting rid of the authority of the King, New York—over a decade before the Bill of Rights and the First Amendment, provided for a ban on an established church or favoring one Christian sect over another. Even then New York was a multi religious and multi ethnic society with its strong Dutch tradition along with the English tradition. New York did not go as far as the First Amendment would do later in terms of freedom of religion. NY only mentioned Christian sects. However they did implement separation of church and state and an establishment clause. See {621429} for another clause that ensures separation of church and state.
In the English system the checks and balances of the American system are not present. Historically in England the Monarch and the Parliament acted as checks upon each other. With a Constitutional Monarch there is no institutional check on Parliament. The checks are their restraint--respect for precedent--and the voters. The Prime Minister is a member of Parliament and has no powers other than what Parliament gives him/her. The courts in England are under Parliament and the upper house, the House of Lords is the equivalent of the highest court—but it may always be overruled by the parliament itself.
There are many methods of voting in a legislative body. “Viva Voce” is Latin for “by Voice” and is often called a “Voice Vote”. Voting by ballot takes longer but had the advantage or disadvantage of secrecy. The theory was that if the New York Legislators could vote in a secret ballot, the lobbies and special interests would not be as influential since they would never know for sure—unless there were a unanimous vote—how any particular legislator voted. A further advantage is that Party Discipline could not be imposed and parties or “factions” as they were then called would be less powerful—a great concern of all the patriots who tended to distrust parties. The disadvantage was that the people who elected the legislator would never know how he voted. Note the frank admission that this was an “experiment”. Americans of the era realized that almost everything they were doing was a political experiment and this introduced a pragmatic force into structure and procedures of American politics.
Jackson makes the case against the South Carolina argument for nullification. In the related quote, he makes his threat which was very successful in ending the notion of “nullification”. The extensive quotation is given as it summarizes the entire issue that was one of the crises of early America.
Despite his warning---and that of others—all that they could get agreement upon had each of these three weaknesses. After winning the American Revolution, the new country found the Articles of Confederation and the Continental Congress completely inadequate and finally in 1787 there was a Constitutional Convention held in secret in Philadelphia to overcome the weaknesses of the existing structure of which the warnings of Rush were three of the problems that had to be fixed.
A demonstration on Capitol Hill was threatened, protesting the administration's policies with respect to the Bank of the United States. A congressional delegation visited the President and asked his plans to cope with the emergency:
This was one of the strongest statements of religious freedom in America prior to the Bill of Rights which came over a decade later.
In the English system there is no “separation of powers”. Parliament makes the laws and its ministers execute them. The highest judges are members of Parliament (the House of Lords) as well. So Lord Bereford was in the legislature when the statute was debated and passed.
This constitution was written 7 years before the national constitutional convention. It shows that there was concern about the separation of powers in United States even before the Constitution was drafted. See {616749} for an even clearer statement of the separation of powers principle. The national legislatures in Europe had commonly declared people traitors and in many cases incarcerated or executed them. This clause, effectively presaged the national constitution of 1787 where the Congress was prohibited from trying people for treason or anything else except impearchment.
The message was conveyed by the Secretary of State, Sir George Calvert (Lord Baltimore). Parliament and the British King were jockeying for position in their relative powers. King James took the position that Parliament could NOT make laws that affected the American Colonies. Parliament disagreed. Later, some of the American patriots would use this quotation to claim that they were only subject to the King and not to Parliament. For related quotes on the King/Parliament issue, see {639144}, {639143}, {639142}, {639141}, {639140}, & {639137}
This was the first proposal for a united American government. It provided for a “President-General” and a unicameral “Grand Council” with representation proportional to population.
America’s first political economist
New York is a state in the Mid-Atlantic and Northeastern regions of the United States. It was one of the original thirteen colonies forming the United States. With a total area of 54,556 square miles (141,300 km2), New York is the 27th largest state; its population of more than 19 million people as of 2020 makes it the fourth most populous state in the U.S. The state is bordered by New Jersey and Pennsylvania to the south and Connecticut, Massachusetts, and Vermont to the east; it has a maritime border with Rhode Island, east of Long Island, as well as an international border with the Canadian provinces of Quebec to the north and Ontario to the northwest. It is sometimes referred to as New York State to distinguish it from New York City, which is its largest city.
