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New York’s Ratification Statement
July 26, 1788
Edited and introduced by
By the end of May 1788, proponents of the Constitution had secured the approval of eight of the nine required state ratifying conventions. Along the way, however, they made a critical tactical decision and an important, albeit non-binding, concession to deny the Antifederalists their first victory. In New Hampshire, facing sure defeat, the proponents secured an agreement at the ratifying convention to postpone a final decision, consult with the voters, hold a second election, and reconvene four months later. In Massachusetts, also in February, ten delegates abandoned their opposition to ratification in exchange for the proposition that “subsequent amendments” would be considered in the First Congress. This Massachusetts Compromise proposal, “ratify now, amend later,” moved an equally divided Convention to adopt the Constitution. Securing the ninth state was not going to be an easy task. In fact, North Carolina and Rhode Island did not ratify the Constitution until November 1789 and May 1790, respectively. They did so only after the First Congress sent twelve amendment proposals to the states for ratification. Everything rested on the three remaining states: New Hampshire, Virginia, and New York. The best evidence suggests that going into the three ratifying conventions, the Federalist-Antifederalist delegate split was 52-52 in New Hampshire, 84-84 in Virginia and 19-46 in New York. And all were scheduled to meet in June: Virginia on the 2nd, New York on the 17th, and New Hampshire on the 18th. It turns out that five delegates adopted the Massachusetts Compromise in New Hampshire after three days of debate. Thus, the Constitution was officially ratified on June 21, 1788. Virginia delegates debated the merits of the Constitution from June 2 through June 25, unaware of the speedy New Hampshire ratification. Five delegates changed their mind and accepted the “ratify now, amend later” proposition on June 25. News that New Hampshire and Virginia had ratified reached New York during the early stages of deliberations. On July 26, York ratified the Constitution by a vote of 30-27 and proposed a 25-item Bill of Rights, along with 31 amendments.

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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 of the United States of America . . . 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 Constitutions; but such clauses are to be construed either as exceptions to certain specified powers, or as inserted merely for greater caution. . . .

Source

Documentary History of the Constitution, Vol. II (1894), pp. 145.

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