CONSTITUTIONAL AND  RELATED  ASPECTS, FEOM
1801  TO  THE  CONSTITUTION  OF  1894.^
 

|NY outline of the constitutional history of New York in the
nineteenth centur}'' involves primarily the consideration of
several great public movements, culminating in the constitu¬
tional conventions of 1821 and 1846. Each of the constitu¬
tions presented by these several conventions led to very radical
changes in the substantive law or procedure of the State. The consti¬
tution of 1831 was followed by a notable revision of the fundamental
law of New York, which exercised much infiuence also on the laws of
other States ; while the constitution of 1846 was followed by the over¬
throw of the ancient jndicial establishment of New York, and by drastic
reforms of the inherited and antiquated procedure in use for several
centuries in the courts of justice of New York. Both constitutions
were in the direction of more liberal institutions, and were intended to
confer upon the people of the State greater political powers and privi¬
leges than had ever before been granted to them.
The constitution of 1777 ^ had a variety of defects ; two of these led
 

1 In the original scheme of this work it '
that the preceding hislorieal articles should he foUowed
ty a third on similar lines, to he prepared lay the Hon¬
orable Austin Ahhott. Mr. ,4hbott's death prevented
the carrying out of that plan.   This article, by Hohert
 

stituting violent'democratic innovations. The suffrage
was restricted to freeholders in the province and to free¬
holders of New Yoric City and Albany^ As an illustra¬
tion of the workings of this restriction, in the year J790
only 1,303 of the 13,330 male residents in New Yorlt City
 

Ludlow Fowler, Esq,, is reproduced from Vol. III. of    possessed suflicient propertyto bo entitled to vote for
the "Memorial History of New Yoric." Editor.       State senators. In. order to limit the legislative powers
s The first constitution of the State of New York was    of the people's representatives a " council of revision "
framed pursuant to a resolution of the continental con-    was constituted, consisting of the governor, chapcellor,
gress. May 10, 1779 recommending that those colonies    and Supreme Court judges, or any two of them acting
which were without a sufficient form of government    with the governor, and a vote of two-thirds of both
should adopt some suitahle oiganization. A " Conven-    houses was required to override the council's veto. The
tion of the Ecpresentatives of the State of New York "    office of governor retained much of its aristocratic char-
accordingly assembled at White Plains, July 9,1776. It    acter. It was required that the governor should be a
appointed a committee to take into consideration a plan    freeholder, and only citizens possessiiig freeholds of the
for instituting and framinga Stite government.   Tbe    value of £100 were authorized lo vote for governor.  All
 

resulting constitution—of which John Jay is regardedc
the principal author—was adopted by the convention'
then sitting at Kingston, April 20,1777. This instru¬
ment became the supreme law of the State without any
further formality. It was not submitted to the vote of
the people at large. AUhough it was strictly a product of
the Eevolution, to  meet the changed circumstaneee
 

brought about hy that great e
 

officers except the governor and lieutenant-governor
were made appointive, and were to be selected by a
council of appointment composed of the governor and a
council of senators chosen by the assembly. The only
change made in the organization of the judiciary was
the creation of one new tribunal, the Court for the Trial
of Impeachments and the Correction of Errors.   Both
 

conservative in its general provisions. While the flrst
section declared that "No authority shall, on any pre¬
tense whatever, be exercised over the people or members
of this State, but such as shall be derived from and
granted hy them," the constitution was far from in-
 

i remarkably    the Supreme Conrt and the Conrt of Chancery w
 

eleft
entirely undisturbed, notwithstanding that they owed
their origin to ordinances of the royal governors, issued
in opposition to the wishes of the popular assembly.
But the legislature was forbidden to institute any new
courts "but such as shall proceed according to Ihe