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A. D. 1778.
Inde. U.S.

II.

tion of

confederation.

And whereas the senate and assembly of this state of New-York, in legislature convened, have separately taken the

said several articles of confederation into their respective, Approba most deliberate and mature consideration; and by their articles of several and respective resolutions, deliberately made and

entered into for the purpose, have fully and entirely approved

of the same : Ib.

In order therefore. That such approval may be published and made known to the whole world, with all the solemnities of law, and that all the subjects of this state, and others inhabiting and residing therein, from time to time, and at all times thereafter, as long as the said confederation shall subsist and endure, may be bound by, and held to the due observance of the said articles of confederation, as a law of this state, if the same shall be duly ratified by all the said United States in congress assembled.

Be it enacted and declared by the people of the state of NewYork, represented in Senate and Assembly, and it is hereby enacted and declared by the authority of the same, That the said several above recited articles of confederation, and all and singular the clauses, matters and things in the same contained, be, and the same are hereby fully accepted, received and approved of, for and in behalf of the people of this state.

And to the end that the same may, with all due form and

solemnity, be ratified and confirmed by this state in congress. Power to Be it further enacted by the authority aforesaid, That the delegates to

delegates of this state, in the said congress of the United congress.

States of America, or any two of the said delegates, shall be, and hereby are fully authorized, impowered and required, wholly, entirely and absolutely, for and in behalf of the people of this state, and in such manner and under such formalities, as shall be determined in congress, to ratify and confirm, all and every of the said above recited articles of confederation, and all and singular the clauses, matters and things in the same contained; and that on exemplification of this act, tested by his Excellency the Governor, or the Lieutenant-Governor, or President of the senate of this state, for the time being administering the government, and authenticated with the Great Seal of this state, shall be full and

conclusive evidence of this act. Provided always : Not to be That nothing in this act, or the said above recited articles all the other of confederation contained, nor any act, matter or thing, to ratify.

be done and transacted by the delegates of this state in con

gress, in and concerning the premises or any part thereof, altered, 3d shall bind or oblige, or be construed, deemed or esteemed to Seff., ch. 30. bind or oblige the government, legislature, people, subjects,

inhabitants or residents of this state, until the said above recited articles of confederation shall have been duly ratified and confirmed by, or in behalf of all the said United States in congress assembled; any thing herein, or in the said above

ratify the same in

states

This proviso was

recited articles of confederation contained to the contrary thereof, in any wise notwithstanding.

CHAP. XXX.

the confede

A SUPPLEMENTARY ACT, entitled an act of accession

to, and approbation of certain proposed articles of confederation and perpetual union, between the United States of America, and to authorize the delegates of the State of New York to ratify the same on the part and behalf of this state, in the congress of the said United States.

PASSED 230 October, 1779. WHEREAS, in and by a certain act of the legislature of this Preamble state of New York, entitled, “An act of accession to, and part, the approbation of, certain proposed articles of confederation ratifoir and perpetual union, between the United States of America, tations.com and to authorize the delegates of the state of New York to the part of ratify the same on the part and behalf of this state, in the congress of the said United States," among other things reciting certain articles of confederation and perpetual union between the states of New Hampshire, Massachusetts-Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, transmitted by the honorable congress, of the United States of America, for the consideration of the legislature of this state, and for their ratification, in case they should approve of the same. It is enacted, That the said several articles of confederation, and all and singular the matters, clauses and things in the same contained, be, and the same are thereby fully accepted, received and approved of, for, and in behalf

of the people of this state; and to the end that the same might, with all due form and solemnity, be ratified and confirmed by this state in congress; It is further enacted that the delegates With proof this state, in the said congress of the United States of be binding America, or any two of the said delegates should be, and antih ratta thereby are fully authorized, empowered and required, wholly, the other entirely and absolutely, for and in behalf of the people of this states. state, and in such manner, and under such formalities as shall be determined in congress, to ratify and confirm all and every the said articles of confederation, and all and singular the clauses, matters and things therein contained: provided always, that nothing in that act, or the said therein recited articles of confederation contained, nor any act, matter or thing to be done and transacted by the delegates of this state in congress, in and concerning the premises or any part thereof, should bind or oblige, or be construed, deemed or esteemed to bind

Power given to the delegates to

or oblige the government, legislature, people, subjects, inbabitants, or residents of this state, until the said above recited articles of confederation shall have been ratified and confirmed, by or in behalf of all the said United States in congress assembled, as by the said act, relation thereunto being bad, may more fully appear. And whereas, it may become essential to the permanent welfare and security of these United States, that the said articles of confederation and perpetual union should be ratified and carried into effect by such of the said states as have acceded or shall accede thereto, although the same should not receive the immediate approbation and sanction of all : Be it therefore enacted, by the people of the state of New York, represented in senate and assembly, and it is hereby enacted

by the authority of the same: That full power and authority any three of shall be, and is hereby granted to the delegates of this state,

in the congress of the United States of America, or any three any of the of them; and the said delegates, or any three of them, are other sites hereby accordingly authorised and empowered, for, and in and lawful behalf of this state, to unite for the final accomplishment of rized, for the said confederation and perpetual union, with such and so plishment many of the delegates of the said United States respectively, federation. who may for that purpose be lawfully authorised, as they shall

in their wisdom judge proper and competent for mutual And to defence and permanent security; and thereupon in such manconfirm the ner and such formalities as may he deemed expedient, shall form, which ratify and confirm all and every the said articles of confedebinding on ration and perpetual union. And this state and the inhabit

ants and residents within the same, shall at all times thereafter the confede be bound by, and held to, the due observance of the said

articles, and every clause thereof, as long as the said confederation shall subsist and endure; any thing in the said recited act of the legislature of this state, or in the said articles of confederation to the contrary notwithstanding.

ly autho

ratify and

this state as long as

endure.

CHAP. LXIII. AN ACT acceding to the recommendation of Congress of the 18th of April

, 1783, relative to the eighth Article of Confederation and perpetual union of the United States of America.

PASSED 9th April, 1785. 1. Be it enacted by the People of the State of New York represented in Senate and Assembly, and it is hereby enacted by the authority of the same:

That so much of the eighth of the articles of confederation and perpetual union between the thirteen states of America, as is contained in the words following, to wit: “All charges "of war, and all other expenses that shall be incurred for

"the common defence or general welfare, and allowed by the “United States in congress assembled, shall be defrayed out “of a common treasury, which shall be supplied by the seve“ral states in proportion to the value of all land within each "state, granted to or surveyed for any person as such lands "and the buildings and improvements thereon, shall be esti“mated according to such mode as the United States in “congress assembled, shall from time to time direct and sappoint," shall be and the same is hereby revoked and made void, so far as the same extended to this state.

$ 2. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the delegates for the time and the being, representing this state in the congress of the United debates to States, or any three of them, and they are hereby required to and ratify, subscribe and ratify the following, as part of the said instru- herein menment of union, and in place of the part revoked and made the place void as aforesaid, to wit: “That all charges of war, and all “other expenses that have been, or shall be incurred for the “common defence or general welfare, and allowed by the “United States in congress assembled, except so far as shall “be otherwise provided for, shall be defrayed out of a com“mon treasury, which shall be supplied by the several states in proportion to the whole number of white and other free citizens and inhabitants of every age, sex and condition, including those bound to servitude for a term of years, and “three-fifths of all other persons not comprehended in the “foregoing description, except Indians, not paying taxes in “ each state;" which said alteration when so subscribed and to be as ratified, shall be deemed and held to be as sufficient and valid revoked, for the purposes therein mentioned, as the part herein before its revoca. revoked and made void, was or ought to have been before the tion. revocation and disannulling thereof.

valid as that

THE FIRST CONSTITUTION OF THE STATE OF NEW YORK.

IN CONVENTION OF THE REPRESENTATIVES OF THE STATE OF NEW YORK.

KINGSTON, 20TH APRIL, 1777. WHEREAS the many tyrannical and oppressive usurpations Govern, of the king and parliament of Great Britain, on the rights and congresses liberties of the people of the American colonies, had reduced mittees. them to the necessity of introducing a government by congresses and committees, as temporary expedients, and to exist no longer than the grievances of the people should remain without redress.

AND WHEREAS the congress of the colony of New York, did, on the thirty-first day of May, now last past, resolve as follows, viz :

niences.

Recital.

Its object “ Whereas the present government of this colony, by contemporary.

gress and committees, was instituted while the former government, under the crown of Great Britain, existed in full force; and was established for the sole purpose of opposing the usurpation of the British parliament, and was intended to expire on a reconciliation with Great Britain, which it was then apprehended would soon take place, but is now consid

ered as remote and uncertain. Its inconve "And whereas many and great inconveniences attend the

said mode of government by congress and committees, as of necessity, in many instances, legislative, judicial and executive powers have been vested therein, especially since the dissolution of the former government, by the abdication of the late governor, and the exclusion of this colony from the protection of the king of Great Britain.

" And whereas the continental congress did resolve as followeth, to wit:

Whereas his Britannic majesty, in conjunction with the lords and commons of Great Britain, has, by a late act of parliament, excluded the inhabitants of these united colonies from the protection of his crown. And whereas, no answers whatever, to the bumble petition of the colonies for redress of grievances and reconciliation with Great Britain, has been, or is likely to be given, but the whole force of that kingdom, aided by foreign mercenaries, is to be exerted for the destruction of the good people of these colonies. And whereas it appears absolutely irreconcilable to reason and good conscience, for the people of these colonies, now to take the oaths and affirmations necessary for the support of any government under the crown of Great Britain, and it is necessary that the exercise of every kind of authority under the said crown, should be totally suppressed, and all the powers of government exerted under the authority of the people of the colonies, for the preservation of internal peace, virtue and good order, as well as for the defence of onr lives, liberties and properties, against the hostile invasions and cruel depredations of our enemies :

“ . Therefore, Resolution " " Resolved, That it be recommended to the respective

assemblies and conventions of the united colonies, where no commend government sufficient to the exigencies of their affairs has inga iletion been hitherto established, to adopt such government as shall, of new gove in the opinion of the representatives of the people, best con

duce to the happiness and safety of their constituents in par

ticular, and America in general.' Powers of “And whereas doubts have arisen, whether this congress the provin

are invested with sufficient power and authority to deliberate gress inadequate.

and determine on so important a subject as the necessity of erecting and constituting a new form of government and internal police, to the exclusion of all foreign jurisdiction, dominion and control whatever. And whereas it appertains

of the general congress re

cial con

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