Ratification of the Constitution by the State of New York

On July 26th, 1788, New York became the eleventh state to ratify the Constitution. The assent of Virginia and of New York was seen as essential to the success of the Constitution, and though they were tenth and eleventh to ratify, it is generally agreed that until they both ratified, succes was in doubt. New York's ratification message is the longest by far, and includes a declaration of rights and many suggested amendments to the Constitution.

 

 

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We, the delegates of the people of the state of New York, duly elected and met in Convention, having maturely considered the Constitution for the United States of America, agreed to on the 17th day of September, in the year 1787, by the Convention then assembled at Philadelphia, in the commonwealth of Pennsylvania, (a copy whereof precedes these presents,) and having also seriously and deliberately considered the present situation of the United States, — Do declare and make known, —

That all power is originally vested in, and consequently derived from, the people, and that government is instituted by them for their common interest, protection, and security.

That the enjoyment of life, liberty, and the pursuit of happiness, are essential rights, which every government ought to respect and preserve.

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.

 

A Basic Civics Lesson for Pseudo-Historians

by Mike Maharrey                                                          From: TenthAmendmentCenter.com

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I need a civics lesson.

This according to the keepers of acceptable opinion at two divergent publications.

Both The Economist and the Montgomery Advertiser recently ran opinion pieces skewering nullification, specifically state efforts to block unconstitutional federal gun laws in Kansas and Alabama. Interestingly, both the author of The Economist piece and the editorial bored over at the Alabama newspaper used the same strategy. They both try to make their readers believe anybody who actually views nullification as legitimate must not be too bright. Their implication? “The federal government enjoys absolute supremacy and a bunch of dumb racist, rednecks who don’t know anything about the U.S. government want states to ignore laws they don’t happen to like.”

From the Economist: “It is remarkable that a civics lesson like this is necessary.”

The Montgomery Advertiser editorial board gets even snarkier.

“That body (the Alabama Senate) has taken a plunge into the past by revisiting and embracing the long-discredited practice of nullification, the notion — abandoned decades ago by most people who passed sixth-grade civics.”

Talk about groupthink. Federal supremacists apparently find the whole “civics lesson” theme clever. I have to admit – it does effectively create the impression that nullification supporters wander around in ignorance among the illiterate and uneducated. But the mockery would prove even more effective if the writers actually knew what in the hell they were writing about.

Here’s the problem: these amateur historians actually think the three things they leaned in their government school sixth-grade civics class make them some kind of experts. They might want to move on from pre-civics to basic civics before they try demeaning those of us who actually know the historical and the philosophical basis for nullification.

Let’s touch on a few basics, shall we?

Ratification of the Constitution by South Carolina.

South Carolina was the eighth State to ratify the Constitution. The Convention met May 19, 1788 and, according to the official recorder, “continued by diverse adjournments to the 23rd of May.” The final vote of 149-73 was probably not, according to some historians, an indication of  the actual feelings of the majority of people in South Carolina since the State was heavily Anti-Federalist. The delegates felt compeled to include some proposed amendments to the Constitution, providing yet another example of the States demanding it be clear that ratification of the Constitution was not an act giving up their sovereignty save for the delegated powers therein.
 

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In Convention of the people of the state of South Carolina, by their representatives, held in the city of Charleston, on Monday the 12th day of May, and continued by divers adjournments to Friday, the 23d day of May, Anno Domini 1788, and in the 12th year of the independence of the United States of America.

The Convention, having maturely considered the Constitution, or form of government, reported to Congress by the Convention of Delegates from the United States of America, and submitted to them by a resolution of the legislature of this state, passed the 17th and 18th days of February last, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to the people of the said United States, and their posterity, — Do, in the name and behalf of the people of this state, hereby assent to and ratify the said Constitution.

Done in Convention, the 23d day of May, in the year of our Lord 1788, and of the independence of the United States of America the twelfth.

THOMAS PINCKNEY, President.

Attest. John Sandford Dart, Secretary.

And whereas it is essential to the preservation of the rights reserved to the several states, and the freedom of the people, under the operations of a general government, that the right of prescribing the manner, time, and places, of holding the elections to the federal legislature, should be forever inseparably annexed to the sovereignty of the several states, —This Convention doth declare, that the same ought to remain, to all posterity, a perpetual and fundamental right in the local, exclusive of the interference of the general government, except in cases where the legislatures of the states shall refuse or neglect to perform and fulfil the same, according to the tenor of the said Constitution.

This Convention doth also declare, that no section or paragraph of the said Constitution warrants a construction that the states do not retain every power not expressly relinquished by them, and vested in the general government of the Union.

Resolved, That the general government of the United States ought never to impose direct taxes, but where the moneys arising from the duties, imports, and excise, are insufficient for the public exigencies, nor then until Congress shall have made a requisition upon the states to assess, levy, and pay, their respective proportions of such requisitions; and in case any state shall neglect or refuse to pay its proportion, pursuant to such requisition, then Congress may assess and levy such state's proportion, together with interest thereon, at the rate of six per centum per annum, from the time of payment prescribed by such requisition.

Resolved, That the third section of the sixth article ought to be amended, by inserting the word "other" between the words "no" and "religious."

Resolved, That it be a standing instruction to all such delegates as may hereafter be elected to represent this state in the general government, to exert their utmost abilities and influence to effect an alteration of the Constitution, conformably to the aforegoing resolutions.

Done in Convention, the 23d day of May, in the year of our Lord 1788, and of the independence of the United States of America the twelfth.

THOMAS PINCKNEY, President.

Attest. John Sandford Dart, Secretary.