The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-06-01


speeches: The measure OF arbitrary power I,
not yet full. and think II must run over before
we undertake to frame q new Constitution
OF the three addresses voted by this Congress
those namely to the King to the people o
British America and to the people Of Great
Britain. the last. which jefferson declared q
production OF the finest pen in America. was
written by John jay In the second Continen.
tai Congress, which assembled In May l775
Jay drafted addresses to The inhabitants
OF Canada. and to the people OF Jamal-
ca and OF Ireland Before this time,
wrote Jay. nearly half century
afterward. referring to the autumn OF 1775 II
never did hear any American of any class eX-
press q wish for the independence OF the colo
niea" In November OF that year Jay was APP
pointed member OF the secret committee OF
the Congress to correspond with friends in
Great Britain. Ireland, and other parts Of The
toorld, and in that capacity had several inter-
views with the first OF the secret emissaries Of
tho French court, In May 1916, Jay was re-
called from Philadelphia to I'll the place Of
delegate to tho New York Provincial Congress-
and this. according to the bioRrapher. was the
reason why jays name is not among those Of
the sgners OF the Declaration OF Indepen-
dence. II lie certain, however that jay would
not have deemed himself authorized to sign
| that document until some days after July 4,
| for. on Juno II, 1776, he introduced and car
ried in the New York Provincial Congress a
| resolution to the following effect: That the
| good people OF this colony have not, in the
opinion OF this Congress, authorized the dole
gates OF this colony In tho Continental Congress
to declare this colony to be and continue inde-
pendent OF the crown OF Great Britain" Jays
theory. which the Provincial Congress
shared, was that for stop OF 80 much
gravity q new reference to the people was
required Whom the new Provincial Congress
OF New York mot at White Plains on July9.
1776. 1t unanimously adopted resolution pro-
posed by Jay that the reasons assigned by
the Continental Congress for declaring the
United Colonies free and independent States
are cogent and conclusive" The New York
delegates at Philadelphia. who had hitherto
RETAINED from setting their names to tho Dec
laration. now signed 1t.
Jay was now to render a service OF SUI
perlative Importance to his own state. He
was appointed Chairman OF committee of
the New York Provisional Congress to pre-
pare a plan for the organization OF a now form
OF government, task which he undertook
simultaneously with the arduous duties |
which devoved upon him as Chairman OF a |
secret committee OF safety. Toward the end of |
March. 1777. Jay presented In his own hand |
writing the draft OF q State Constitution. which |
was passed with but few notifications. and
which remained the organic law OF New York
until It was revised by Constitutional Con-
vention in 1922. 1t Is interesting to recall that
this original Constitution, which held its
ground for nearly half century prescribed
property qualifications for voters. gave
the designation OF almost all the Off
GERS In the State. except those Of towns,
TO a Council OF appointment and the veto
power to Council OF Revision. 1t Is obvious
that under the Jay Constitution the Governor
was mere flgurehead. without responsibility
for appointments or for vetoes. 1t is note
worthy that in the Constitutional Convention,
jay who. as the descendant Of Huguenot refu-
goes. had cause to know and fear the power Of
the Church OF Rome. urged amendment after
amendment to except Roman Catholics from
the privileges Of citizenship till they should
allure tho authority Of the Pope to absolve cit
liens from their allegiance and to grant spir-
tual dissolution. At last. when the question
of naturalization came up, Jay secured the on
actment OF q clause that, before naturalization.
Ill persons shall "abjure and renounce all al
egiance to all and every foreign king. poten.
ate. and State in all matters. ecclesiastical as
we'll as civil" This Constitution, like all the
sarly State Constitutions. except that OF Mas
'achusetts was never submitted to the people
It was published on April %. 1777. by being
|
Kingston, and went into operation some
months afterward. During the interval John
lay was not only Chief Justice pro tempore.
out, as member Of the newly created Council
If Safety. shared in the exercise of supreme
power On June 9, 1777, the people
elected George Clinton Governor, and some
weeks later he took the oath Of office stand
ne on the top Of a barrel in front OF the King
ton Court House. 1t was but contracted
section Of the commonwealth which at that
ime recognized Clinton as Governor and Jay
Is Chier Justice. The four southern counties.
Sew York. Westchester. Richmond, and Long
sland. then the richest and most populous in
he State. were In almost undisturbed posses
lion Of the English the extreme northeastern
counties Gloucester and Cumberland, were in
lalf declared revolt, while on the north Bur-
,oyne had already reached the Hudson River, I
md was approaching Albany.