Although New York adopted the Declaration of Independence at a meeting of the Fourth Provincial Congress in White Plains on July 9, 1776, it was not until November 25, 1783 that British troops finally departed from New York. In the midst of the ongoing war, New York drafted and adopted its first constitution, and set up a functioning government.
First Constitution
The New York State Constitution of 1777 continued the English statutory and common law then in force in the Province of New York, provided that it did not conflict with the State’s constitution. In 1788, chapter 46 of the laws enacted that year rendered English statutory law invalid, providing that “none of the statutes of England or Great Britain shall operate or be considered as laws of this State.” The common law was unaffected by this provision, and the State’s second constitution, adopted in 1822, stated that “such parts of the common law and the acts of the legislature of the colony of New York would continue unless altered or repealed or found unconstitutional.”
New York Case Law Develops
Looking at cases decided in those first 70 years, we can see how the New York judiciary resolved the issues encountered by the nascent State. The impact of the War of 1812 and the growing importance of international relations is readily apparent. Case law from this time shows the ongoing chilling effect of criminal libel actions on political speech, and controversies arising from slavery and colonial land tenure continued to populate court dockets. Judicial resolution of cases associated with New York’s growing industrialization and rapidly-developing technology (canals, roads, steamboats and railways) enabled commerce to thrive.
The State and the Nation
The Bench and the Bar included men of outstanding intellect and achievement, who made a tremendous and lasting contribution to the State and the Nation. In their capable hands, jurisprudence developed through the arguments lawyers presented in court and the judicial decisions that resulted. New York’s involvement in the development of the legal framework of the new nation, the ratification of the Federal Constitution and the drafting of Bill of Rights was significant and of lasting value.
Important Cases
Animal Law
Pierson v. Post, 1805
1805
3 Cai. R. 175 2 Am. Dec. 264 (1805) Private Property Rights in Wild Animals This New York Supreme Court ...
Comity of Laws
Hitchcock & Fitch v. Aicken, 1803
1803
1 Caines 460 (N.Y. 1803) Recognition in New York of Court Judgment in a Sister State In The Founders' Constitution, ...
Taylor v. Briden, 1811
1811
8 Johns. 173 (1811) Recognition in New York of Court Judgment in a Sister State In The Founders' Constitution, an ...
Conflict of Laws
Rutgers v. Waddington, 1784
1784
State Legislation that Conflicts with the Provision of a United States Treaty is Void This case was heard in the ...
Livingston v. Van Ingen, 1812
1812
9 Johns. R. 507 (N.Y. 1812) New York Steamboat Monopoly In The Founder's Constitution, an anthology of writings (letters, records ...
Gibbons v. Ogden, 1820
1820
17 Johns. 488 (1820); 22 U.S. 1 (1824) Supremacy Clause and the Commerce Clause of the Federal Constitution In The ...
Court Jurisdiction
In Re John Van Ness Yates; Yates v. Lansing, 1809-1811
1809-1811
Jurisdictional Conflict between the New York Court of Chancery and the New York Supreme Court of Judicature In The Founders' ...
Criminal Law
Hadden’s Case, 1777
1777
The First Case before the New York State Supreme Court of Judicature Habeas Corpus Thomas Hadden, accused of knowingly passing ...
People v. Levi Weeks, 1800
1800
First Murder Trial in the United States for which there is a Formal Record Gulielma "Elma" Sands disappeared on the ...
People v. Barrett and Ward, 1806
1806
2 Caines 340; 1 Johns. R. 66 (N.Y. 1806) Double Jeopardy In The Founders' Constitution, an anthology of writings (letters, ...
People v. Ruggles, 1811
1811
8 Johns. 290 (1811) Blasphemy In The Founders' Constitution, an anthology of writings (letters, records of debates and early cases) ...
People v. Casborus, 1816
1816
13 Johns. R. 351 (1816) Double Jeopardy In The Founders Constitution, an anthology of writings (letters, records of debates and ...
People v. Christian Smith, 1817
1817
1 American State Trials 779 (1814) 2 New-York City-Hall Recorder 77 (June 1817) Priest-Penitent Confidentiality A series of disputes that ...
Eminent Domain
Gardiner v. The Trustees of the Village of Newburgh, et al., 1816
1816
2 Johns. Chancery, 162 (1816) Compensation for Property Taken by the Government for Public Purposes In The Founder's Constitution, an ...
Bradshaw v. Rogers & Magee, 1822
1822
20 Johns. 103 (New York Supreme Court of Judicature, 1822) 20 Johns. 735 (New York Court for the Correction of ...
Employment Law
People v. Fisher, 1835
1835
14 Wend. 9; 28 Am. Dec. 501 (1835) Collective Bargaining and the Shoemakers Strike in Geneva, New York In the ...
Family Law
In re Waldron, 1816
1816
13 Johns. 418 (1816) "Best Interests of the Child" Standard Following John P. Waldron's marriage to Andrew McGowan's daughter, Waldron ...
International Law
Clarke v. Morey, 1813
1813
10 Johns. R. 70 (1813) Recognition of the Right of an Alien to Sue in New York Courts in Time ...
People v. Alexander McLeod, 1841
1841
25 Wendell 483 (1841) Crimes Committed Under the Authority of a Foreign Sovereign During the Canadian Rebellion of 1837, the ...
Military Law
Vanderheyden v. Young, 1814
1814
11 Johns. 150 (1814) Liability of Military Officers in Officiating in a Court-Martial In The Founders' Constitution, an anthology of ...
People v. Godfrey, 1819
1819
17 Johns. 225 (1819) United States Territory in New York In The Founders' Constitution, an anthology of writings (letters, records ...
Wilson v. Mackenzie, 1845
1845
7 Hill 95 (1845) Action Against an Officer of the Navy for Illegally Assaulting and Imprisoning a Subordinate While on ...
Public Property — Streets
Livingston v. Mayor of New York, 1831
1831
8 Wend. 85 (1831) Ownership of City Streets In The Founder's Constitution, an anthology of writings (letters, records of debates ...
Hart v. City of Albany, 1832
1832
3 Paige Ch. 380 (New York Court of Chancery, 1832) 9 Wend. 571 (New York Court for the Correction of ...
Slavery
Jackson ex dem. People v. Lervey, 1826
1826
5 Cow. 397 (1826) The issue in this case was whether land granted by the State to a soldier who ...
Jack v. Martin, 1834
1834
12 Wend. 311 (New York Supreme Court of Judicature, 1834) 14 Wend. 507 (Court for the Correction of Errors, 1835) ...
Evidence — Scientific
Maurice v. Judd, 1818
1818
3 American State Trials 603 (1818) The issue in this case was whether a whale was a fish within the ...
Tort Law
Johnson v. Caulkins, 1799
1799
1 Johns. Cas. 116 (1799) Breach of Promise to Marry In Troy, New York, on July 9, 1797, Miss Johnson ...
Seditious Libel
People v. Frothingham, 1779
1779
Seditious Libel Involving Alexander Hamilton On November 6, 1799, the leading New York Republican newspaper, the Argus, published an extract ...
People v. Croswell, 1804
1804
3 Johns. Cas. 337 (N.Y. 1804) Truth as a Defense in a Libel Action In The Founders' Constitution, an anthology ...
Courts of the Era
The Court of General Sessions, 1683-1847
1683-1847
In New York City, 1683-1962 The Court of General Sessions was a county court established on October 17, 1683 by ...
New York Court of Chancery, 1683-1846
1683-1846
The 1777 Constitution continued in existence the Provincial Court of Chancery and Robert R. Livingston was appointed New York’s first ...
Court of Common Pleas, 1686-1895
1686-1895
The Court of Common Pleas was established by the Dongan Charter of 1686. Also known as the Mayor’s Court, it ...
The New York Court of Admiralty, 1775-1789
1775-1789
On November 25, 1775, the Continental Congress recommended that the Colonies establish Courts of Admiralty to address cases relating to ...
Court for the Trial of Impeachments and Correction of Errors, 1777-1846
1777-1846
The Court for the Trial of Impeachments and Correction of Errors was established by the Constitution of 1777. Commonly called ...
NYS Supreme Court
1777-1846
By Chapter 4 of the Laws of 1691, the New York Assembly established the New York Supreme Court of Judicature ...
Judges of the Era
New York Supreme Court of Judicature
Robert Yates
1777-1798
1738-1801 Associate Justice of the New York Supreme Court of Judicature, 1777-1790 Chief Justice, 1790-1798 Robert Yates was born on ...
John Sloss Hobart
1777-1798
1738-1805 Associate Justice of the New York Supreme Court of Judicature, 1777-1798 John Sloss Hobart was born on May 6, ...
Richard Morris
1779-1790
1738-1801 Chief Justice of the New York Supreme Court of Judicature, 1779-1790 Richard Morris, third son of Hon. Lewis Morris, ...
Egbert Benson
1794-1801
1746-1833 Associate Justice of the New York Supreme Court, 1794-1801 In 1775, Benson was a member of the Provincial Congress, ...
Jacob Radcliff
1798-1804
1764-1844 Associate Justice of the New York Supreme Court of Judiciature, 1798-1804 Jacob Radcliff was born in Rhinebeck, Dutchess County, ...
History of the Supreme Court
Duely & Constantly Kept: A History of the New York Supreme Court, 1691-1847
New York Chancellors
Robert R. Livingston
1777-1801
1746-1813 Chancellor of New York, 1777-1801 Robert R. Livingston was born on November 27, 1746, the son of colonial Supreme ...
John Lansing, Jr.
1801-1814
1754-1829 Associate Justice of the Supreme Court, 1790-1798 Chief Justice, 1798-1801 Chancellor of New York, 1801-1814 John Ten Eyck Lansing, ...
James Kent
1814-1823
1763-1847 Associate Justice of the New York Supreme Court, 1798-1804 Chief Justice of New York, 1804-1814 Chancellor of New York, ...
Nathan Sanford
1823-1826
1777-1838 Chancellor of New York, 1823-1826 Nathan Sanford (sometimes spelled Sandford) was born on November 5, 1777, in Bridgehampton, Long ...
Samuel Jones, Jr.
1826-1828
1769-1853 Chancellor of New York, 1826-1828 Samuel Jones, Jr. was born on May 26, 1769 in New York City. He ...
Reuben Hyde Walworth
1828-1847
1788-1867 Chancellor of New York, 1828-1847 Reuben Hyde Walworth was born on October 26, 1788 in New London County, Connecticut ...
Important Figures
New York Attorneys General, 1777-1846
Richard Varick
1788-1789
1753-1831 Attorney General of New York, 1788-1789 Richard Varick was born at Hackensack, New Jersey, on March 25, 1753. Privately ...
Aaron Burr
1789-1791
1756-1836 Attorney General of New York, 1789-1791 Aaron Burr was born in Newark, New Jersey, on February 6, 1756. He ...
Nathaniel Lawrence
1792-1797
1761-1797 Attorney General of New York, 1792-1797 Nathaniel Lawrence was born on July 11, 1761 in Newtown, Queens County, New ...
Josiah Ogden Hoffman
1798-1801
1766-1837 Attorney General of New York, 1798-1801 Josiah Ogden Hoffman was born on April 14, 1766, in Newark, New Jersey ...
Morgan Lewis
1801-1804
1754-1844 Associate Justice of the New York Supreme Court of Judicature, 1792-1800 Chief Justice, 1801-1804 Morgan Lewis was the son ...
Abraham Van Vechten
1810; 1813-1815
1762-1837 Attorney General of New York, 1810; 1813-1815 Abraham Van Vechten was born in Catskill, New York on December 5, ...
District Attorneys, 1777-1846
Notable Attorneys
Alexander Hamilton
1757-1804
1757-1804 Alexander Hamilton was born on January 11, 1757 (or perhaps 1755), in Charlestown on the island of Nevis, British ...
William Sampson
1764-1836
1764-1836 Born on January 26, 1764 to a wealthy Anglican family in Londonderry, Ireland, William Sampson attended Trinity College Dublin ...
Cadwallader David Colden
1769-1834
1769-1834 Cadwallader David Colden was born at Spring Hill on Long Island, New York, on April 4, 1769, the grandson ...
De Witt Clinton
1769-1828
1769-1828 De Witt Clinton was born on March 2, 1769, in Napanock, Ulster County, NY. He was educated at the ...
Daniel Cady
1773-1859
1773-1859 Daniel Cady was born on April 29, 1773 in Caanan, Columbia County, New York. He was educated in the ...
Samuel Young
1779-1850
1779-1850 Samuel Young, born in 1779 in Lenox, MA, moved with his family to Saratoga County, New York as a ...
About the Period
New York Constitutions of 1777 & 1821
The New York Constitution of 1777 (Courtesy NYS Archives)
The New York Constitution of 1777 (Transcript)
The New York Bill of Rights of 1787
1801 Constitutional Amendments
New York Constitution of 1821 (Transcript)
Excerpts from Charles Z. Lincoln’s Constitutional History of New York
Courtesy the New York State Library
Commentary on the 1st NY Constitution
Commentary on the 1787 Bill of Rights
Commentary on the 1801 Amendments to the NY Constitution
Commentary on the 2nd NY Constitution
Other Constitutional Commentaries
The New York State Constitution, 2nd Edition, by Peter J. Galie & Christopher Bopst (London: Oxford University Press, 2012)
New York and the Ratification of the Federal Constitution
The United States Constitution, New York’s Ratification Statement and Instructions to the New York Delegates & Transcript
John Jay’s Letters
John Jay's involvement with the proposed Federal Constitution was greater than would appear from his participation in the Federalist and ...
Kent’s Commentaries
The Founders' Constitution includes the following Commentaries by Chancellor James Kent: Article 1, Section 1, Document 10 James Kent, Commentaries ...
New York Cases included in The Founders’ Constitution
The following New York court cases are include in The Founders' Constitution: Hitchcock & Fitch v. Aicken 1803 People v. Croswell ...
The Anti-Federalist Papers
Unlike the Federalist, the 85 articles written in opposition to the ratification of the 1787 United States Constitution were not ...
The Federalist
In September 1787, the constitution prepared by the Federal Conventions was submitted to the states and within days, letters opposing ...
An Empire of Reason (Video)
A Rein on Government: New York’s Constitution of 1777 and Bill of Rights of 1787 by John P. Kaminski, New York Legal History Vol. 1, No. 1 (2005)
New York State’s Role in the Creation and Adoption of the Bill of Rights by Betsy L. Rosenblatt, New York History (October 1991), pp. 407-420
(The definitive work on New York’s ratification of the Constitution is: The Documentary History of the Ratification of the Constitution: Ratification by the States: New York, Volumes XIX-XXIII, edited by John P. Kaminski et al (Madison: Wisconsin Historical Society Press, 2005))