Ordered Liberty: A Constitutional History of New York

By Peter J. Galie | Go to book overview

nor in the form of the veto and the other, eventually, to the judiciary in the form of judicial review.

With the disruptive and divisive war behind them, and the apparatus of government in place, New Yorkers were prepared to address the first constitutional crisis of the new order.


NOTES
1.
Alexander Hamilton estimated that half the state was loyal to the king in the early stages of the war -- a situation soon remedied by the vigorous, if not vengeful, policies adopted by the legislature. Henry Cabot Lodge, ed., The Works of Alexander Hamilton, 12 vols. ( New York: G. P. Putnam's Sons, 1904), VIII, p. 69.
2.
Allan Nevins, The American States During and After the Revolution, 1775-1789 ( New York: Macmillan, 1924), pp. 267-274.
3.
Alfred Street, The Council of Revision of the State of New York . . . and Its Vetoes ( Albany: William Gould, 1859) (hereafter cited as Vetoes), Veto of February 20, 1778, p. 206.
4.
Laws of the State of New York, Chap. 37 ( 1778).
5.
Vetoes, October 9, 1780, p. 234.
6.
Laws of the State of New York, Chap. 12 ( 1778); Chap. 16 ( 1778); Chap. 15 ( 1787).
7.
Vetoes, March 25, 1778, p. 211.
8.
Laws of the State of New York, Chap. 16 ( 1778).
9.
Ibid., Chap. 25 ( 1779).
11.
Vetoes, January 15, 1784, pp. 246-248.
12.
Richard B. Morris, ed., Select Cases of the Mayor's Court of New York City, 1674-1784 ( Washington, D.C.: American Historical Association, 1935), p. 323.
13.
Ibid., p. 324.
14.
W. W. Crosskey, Politics and the Constitution in the History of the United States, 2 vols. ( Chicago: University of Chicago Press, 1953), II, p. 964.
15.
Julius Goebel, Jr. et al., eds., The Law Practice of Alexandar Hamilton, Documents and Commentary, 5 vols. ( New York: Columbia University Press, 1964-1981), I, pp. 312-313. Hamilton's briefs in the case are found on pp. 336-392.
16.
Gordon Wood, The Creation of the American Republic, p. 459.
17.
Vetoes, March 14, 1779, pp. 220-221, 223.
18.
Ibid., November 5, 1778, pp. 215-217.
19.
Ibid., March 21, 1785, p. 268. E. Wilder Spaulding in his New York in the Critical Period 1783-1789 refers to the veto of this bill as one of "numerous vetoes" of "progressive legislation" (p. 108). Frank Prescott and Joseph Zimmerman , in The Politics of the Veto of Legislation in New York State, 2 vols. ( Washington, D.C.: University Press of America, 1980), I, p. 30, take Spaulding to task for this judgment. Calling the disenfranchisement of African-Americans a "progressive" measure can only mean that Spaulding read neither the provision of the bill nor the decision of the Council. Yet Spaulding does make reference to the disenfranchising provision of the bill on p. 41. Spaulding's

-62-

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