Constitutional History of the State of New York

Edition: 2nd
Format: Hardcover
Pub. Date: 2004-05-01
Publisher(s): Lawbook Exchange Ltd
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Table of Contents

Interest in Constitutional History Should Be General
Aim of Present Work
Sources of the History
Contrast Between Federal Constitution and State Constitution
Desirability of Arousing Interest in Constitutional Questions
Indebtedness of the State to Roman Law and to Dutch Beginnings
The Charter Granted by the States General to the Dutch West India Company
Commissions Issued to the Governors of the Colony
The Charter of Freedoms and Exemptions
Tribulations of the Colonists Under Dutch Rule
Extent of the Dutch Claims in North America
Surrender of New Amsterdam to the English
The Duke's Laws; Government Under Andros and Dongan
The Charter of Liberties and Privileges
The Colony, Under Sloughter, the Governor Appointed by William III
The Charter of 1691
Type of Government Until the Outbreak of the Revolution
The British Parliament Had No Authority Over the Colonies
The Constitution of the Colony of New York at the Date of the Revolution an Outgrowth of Dutch and English Customs and Laws
Limited Character of Suffrage
Impulses Towards State Government Come from Continental Congress
Chaotic Conditions at Outbreak of Revolution, and Formation of Provincial Governments in the Colonies
The Third Provincial Congress of New York
The Fourth Provincial Congress, or First Constitutional Convention
The Work of the Convention, the Council of Appointment, the Council of Revision, the Judiciary, Senate and Assembly
Other Features of the Constitution
Its Simplicity
Early Government in the Infant State
New York Accepts the Articles of Confederation
The Action of the State Legislature, Ultra Vires
Ratification of the Federal Constitution
Revision of the Laws
New York Cedes Her Lands in the West
The Practice of Law
Unsuccessful Attempt by Burr to Abolish Slavery
Beginnings of Education
The Council of Appointment
Hamilton's View
Great Body of Office-holders, Its Appointees
Star-chamber Power
Federalist Party First to Abuse the Power
Controversy Between Governor Clinton and Council in 1794
Controversy Between Governor Jay and Council in 1800
Constitutional Convention of 1801
Its Construction of Article XXIII
Rise of DeWitt Clinton to Power
Abuses of the Patronage System
Hammond and the Council
General Desire in 1820 for Its Abolition
CHAPTER V 86(14)
Council of Revision
Percentage of Vetoed Bills
Council Ran Counter to Public Sentiment in 1812-1814
Its Vetoes of War Measures
Its Veto of the Bill of November 20, 1820, for a Constitutional Convention
History of the Movement for a Convention
Act of March 13, 1821
Election of Delegates, and Analysis of Vote
CHAPTER VI 100(22)
Convention of 1821
Personnel of the Convention
Fall of the Council of Appointment and of the Council of Revision
Location of the Veto Power
Debates Over Negro Suffrage
Extension of White Suffrage
Increase of Governor's Powers
The New System of Appointments
Changes in the Senate
Bank Charters
Power of Amendment Embodied in the Constitution
Reorganization of the Courts in the Convention of 1821
Radical Element Insists Upon Destruction of Existing Supreme Court
Report of the Committee on the Judiciary
Root's Amendment and Proposed Merger of Law and Equity
Rejection of Root Program
The Tompkins Amendment, Aimed Directly at Existing Judges
General Debate; Root Attacks, Van Buren Defends, the Courts
Tompkins' Amendment Rejected
Select Committee Frames a New Plan, that Is Not Satisfactory
Carpenter's Plan for the Abolition of the Existing Supreme Court and the Creation of New Tribunals, in Reality a Revival of Root's Attack Upon the Judges
Carpenter Plan Carried
The New Tribunals
Early Age Limit Fixed for Retirement of Judges by First and Second Constitutions
Brief Review of Courts Under the Second Constitution
The Superior Court of New York City
The Court of Common Pleas, New York County, and Its History
Summary of Convention's Work
Its Address to the People
Statutory Revision of 1830
Treaty Between New York and New Jersey
Topography of New York State and Early Efforts for a Canal from the Hudson to the Great Lakes
Construction of Erie Canal Authorized
Lateral Canals
State Aid to Railroads
Erie Enlargement Proposed
Internal Improvements
Public Debts
Stoppage of Work Upon the Canals
Act of 1842 and Its Policy
Attempt at Repeal
Governor Wright's Veto and Its Effect Upon His Political Career
Public Demand for a Constitutional Convention and for Constitutional Restrictions Upon State Debts and Prohibition of Loan of State Credit to Private Enterprises, and for Judicial Reform
Passage of Law Recommending a Constitutional Convention
Vote for a Convention
The Apportionment of 1846
CHAPTER IX 162(20)
Convention Assembles at Albany
John Tracy, President
Personnel of Convention
Chief Work of Convention
Provisions as to Canals, Public Revenue, and Public Debts
Evils of Special Legislation
Provisions as to Corporations
The Loco-Foco Party and Its Declaration of Principles
Effect Upon Convention
Policy of Convention Extreme Decentralization
Increase in Number of Senatorial Districts
Abolition of County Representation in the Assembly
Provision for Arbitration Tribunals
Creation of New Supreme Court With Law and Equity Powers
Adoption of Additional Mode of Amending the Constitution
Address of the Convention to the People
Estimate of Its Work
The Canal Bill of 1851, Declared Unconstitutional
Amendment of Canal Provisions of Constitution in 1854
Origin and Progress of Anti-rent Controversy and Limitations Upon Agricultural Leases in New Constitution
CHAPTER X 182(23)
Fluctuations in Constitution of Judicial Department
Permanent Tenure in the Higher Courts Under the First Constitutions
Uncertainty of Tenure in Colonial Days
English Judiciary Before William III
Removals of Inferior Judges by Council of Appointment
Defects in the Judiciary Under Constitution of 1821
Unwise Solution Attempted in 1846
Popular Election the Creed of the Time
Brief Analysis of Judicial System as Reconstituted in 1846
Right of Judges to Sit in Review of Their Own Decisions
New York Not the First State to Adopt Elective Judiciary
Reaction Since 1846 in Various States in Favor of Appointive System or Longer Judicial Terms
Treatment of the Judiciary by the Constitutional Convention of 1867
Judiciary Committee of the Convention
The Majority and the Minority Report to the Convention
Lengthening of Judicial Tenure
Daly Upon the Convention of 1846 and Its Adoption of the Elective System Without Discussion
Evarts Advocates Tenure During Good Behavior
Votes of the Convention of 1867 Upon This Subject
Questions Affecting the Judiciary Submitted by the Convention to the People
Organization of New Court of Appeals
CHAPTER XI 205(19)
Failure of the Convention's Work Other Than Its Judiciary Article
Causes of Failure, Political Passions of the Time
Reports of Committee on Suffrage
Negro Suffrage
Separate Submission of Question Whether Property Qualifications for Colored Voters Should be Retained or Abandoned
Vote Upon the Subject
Woman Suffrage, and Speech of George William Curtis
Minority Representation
Reaction from Decentralizing Spirit of 1846
Convention Favors Larger Senatorial Districts and County Representation in the Assembly
Debate Upon the Report of the Committee on State Affairs
Arguments for Establishment of Cabinet of State Officers and the Nomination of Such Officers by the Governor
Governor's Power Over Bills After Close of Session
Extension of Veto Power
Municipal Government
Convention's Report Drafted by Judge Folger
Adjournment of the Sessions of the Convention, and Effect
Vote Upon Convention's Work
Governor Hoffman Proposes a Constitutional Commission in Lieu of a New Convention
His Suggestions for Constitutional Reform
Chapter 884, Laws of 1872, Authorizing the Governor to Appoint a Commission
Personnel of the Commission
Resemblances Between Its Suggestions and the Constitution Drafted in 1867
Enlargement of the Sphere of Ineligibility to the Legislature
Prohibition of Local and Special Legislation
The Nature of Private and Local Laws to Be Fairly Specified in Titles
Prohibition Against Audit or Allowance of Private Claims Against the State
Increase of Legislative Powers of Boards of Supervisors
Suggestion as to Private Bills Not Approved by the Legislature
History of Private Legislation in Great Britain
Proposed Recreation of a Council of Revision
Enlargement of Governor's Veto Power
Thirty-Day Bills
Proposed Increase of Governor's Term
Proposed Appointment of State Officers
Sale of Non-paying Lateral Canals
Provisions as to Charters of Savings Banks
Constitutional Limitations Upon Power of Cities and Counties to Incur Indebtedness
Enormous Extent of Such Indebtedness in 1872
Prohibition of City or County Indebtedness in Aid of Private Enterprise
Commission Proposes Two New Articles
The Bribery Article
Difference Between the Plan of the Commission and That of the Convention of 1867
The Municipal Article
Later Restraints Upon Local Expenditure
Adoption of Many Suggestions of the Commission by the Legislature and the People
Commission an Innovation in the State's History
New York and Albany Only Cities Mentioned in Constitution of 1777
Freedom of the City
Cities of the State Few in Number in 1846
Home Rule Instinct as Old as Civilization
Early American Cities Like English Prototypes
New York City Charters, Dutch and English
Dongan Charter
City Charter of 1830 and Its Defects
Charter of 1849
Legislative Usurpation of City Government in 1857, Reason Therefor, and Results
Tweed Charter of 1870
Charter of 1873
Attention First Focused on City Maladministration After Civil War
Treatment of City Problems by Convention of 1867, and Commission of 1872
Tilden Commission
Its Advocacy of Limited Suffrage in Cities
Summary of Its Plan for Improving City Government
Failure in Legislature
Convention of 1894 Divorced City from State and National Elections
Its New Municipal Article
General and Special City Laws
Recent Enactments Enlarging Powers of Cities
Dual Functions of the City
Concluding Considerations
Outlook for Future Hopeful
CHAPTER XV 279(17)
Effect of the Construction of Railroads Upon Canal Revenues
Formation of the New York Central System
The Erie Railroad
Increase in Tonnage Carried by Rail
Influence of the Grain Carrying Trade Upon Railroad Rates
Assembly Committee to Investigate Railroad Abuses
Its Report
Injustice of Secret and Special Rates
Recommendations of the Committee
Passage of Constitutional Amendments Affecting Canals
Improvement of Canals and Inland Waterways
Governor Roosevelt's Committee on the State Canal Policy and Its Report
Provision for the $101,000,000 Barge Canal
Its Purposes
Character of Taxes
Provisions of State Constitutions Referring to Taxation
Lotteries Forbidden by First Constitution
Early Methods of Taxation
The General Property Tax
Escape of Personalty from Assessment
Tendencies in Modern Taxation
Inefficacy of the Personal Tax
Indirect Taxation Superseding Direct Taxation for State Purposes
Differentiation Between Sources of State and Local Revenue
State Taxes on Corporations
Transfer Taxes
Liquor Tax
Stock Transfer Tax
Taxation of Special Franchises
Secured Debts Tax
Sting of Taxation Is Wastefulness
Early State Taxes
State Debts
Federal Direct Tax of 1861
Recent Constitutional Amendments Regarding Debts
Highway Improvements
Contrasts Between the Earlier Courts of the State and Present Tribunals
The Constitutional Commission of 1890
Treatment of the Judiciary by the Convention of 1894
The Court of Appeals
The Appellate Divisions
Abolition of the Superior Courts
Surrogates' Courts
Judiciary Pensions
Recent Constitutional Amendments Affecting the Judiciary
The Work of the Courts
Their Power to Declare Legislation Void
Courts and Public Opinion
Independence of Courts Vital
Futile and Unwise Attempts in Congress to Bring Federal Judiciary Under Popular Control
Vote in 1886 for a Convention
Differences Between Legislature and Governor
Legislation Providing for Convention
Election of Delegates in Fall of 1893
Outline of Work of the Convention Other Than Upon the Judiciary Article, and in Relation to Canals
Treatment of Article XIV
Reapportionment in Senate and Assembly
Convention's Report
Submission of Its Work to the People
Later Constitutional Changes
Relative Value of Methods of Amendment
Workmen's Compensation
The Wainwright Law
"Ives" Case
The Workmen's Compensation Amendment
Recent Important Change in the Federal Law
The Sulzer Impeachment
Impeachment Trial and Constitutional Questions Raised Thereat
The judgment of Removal
Questions for the Coming Constitutional Convention
Act of the Legislature Recommending the Calling of a Convention
The Vote
Taxpayer's Action to Enjoin Assembling of Convention
The Decision of the Court of Appeals
Election of Delegates
CHAPTER XX 380(15)
Brief Summary of Constitutional Changes Since Organization of State
Checks Upon Legislative Action Imply No Distrust of Democracy
Initiative, Referendum, Recall; Extent of Their Employment in New York
No Real Danger of Encroachment by the Nation Upon the Province of the State
Greatness of the State Depends Upon Its Own People
Universal Suffrage
Its Value In the History of State and Nation
Assured Future of Democracy

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