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to take a full and comprehensive view of the relative strength and conddence with which each amendment was adopted, and of analogous plans and propositions, out of which a choice was made.
Should the constitution, which has been recommended for the ratification of the people, be approved, this volume, it is conceived, will be a valuable historical memorial, embracing all the official documents connected with the Convention, and furnishing the best interpretation and exposition of the spirit of the constitution, by explaining the views and intentions of its framers.
To those who look upon the Convention and the events connected with it, as ordinary occurrences, and who do not reflect on the pature and extent of this revolution, and its remote bearing on the future character and history of the state, a volume of seven hundred pages may appear disproportionate to the subject to which it relates. But the compilers are among those who believe, that the last year will form a memorable period in the annals of the state; and that events which may now seem unimportant, from our familiarity with them, will hereafter assume a different character, and be sought for with avidity. Circumstantial records which now pass unbeeded, may in time become valuable to the jurist, in deciding upon the construction of the constitution; to the historian, in delineating the character of the age; or at least to the antiquary, by enriching his library, without the labour of searching for documents, scattered amidst the rubbish and ruins of years.
These are some of the considerations, by which the reporters have been actuated in incurring the labour and expense of compiling and publishing this volume. No pains have been spared to render it in ali respect complete as possible, and to present it in a dress, and style of execution, which may recommend it to public patronage.
Albany, 15th November, 1821.
State of New-York.
In Convention of the Representatives of the State of New-York.
KINGSTON, 20th APRIL, 1777.
the king and parliament of Great-Britain, on the rights and Congresses and
Committeen. liberties of the people of the American colonies, bad reduced them to the necessity of introducing a government by congresses and com. mittees, as temporary expedients, and to exist no longer than the grievances of the people should remain without redress :
AND WAEREAS the congress of the colony of New-York diel, on the thirty-first day of May, now last past, resolve as follows, viz:
“ WHEREAS, the present government of this colony, by congress Its object tem. and committees, was instituted while the former government, under porary. 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 cxpire on a reconciliation with Great-Britain, which it was then apprehended would soon take place, but is now considered as remote and uncertain.
"AND WHEREAS many and great inconveniences attend the said Its inconvenien. mode of government by congress and committees, as of necessity, in ces. many instances, legislative, judicial and executive powers have been vested therein, especially since the dissolution of the former govern. ment, 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, do wit:
"WHEREAS his Britannic Majesty, in conjunction with the lords and Recital, and commons of Great Britain, hias by a late act of parliament, excluded the inhabitants of these united colonies, from the protection of his crown : And wbereas no answers whatever, to the humble 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 de. struction of tie good people of these colonies : And whereas it appears absolutely irreconcileable 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 peo. ple of the colonies, for the preservation of internal peace, virtue, and good order, as well as for the defence of our lives, liberties, and properties against the hostile invasions and cruel depredations of our enemies : Therefore,
its boundaries, so as to render it at once an example and fit instru.
“ For taking away our charters, abolishing our most valuable
“For suspending our own legislatures, and declaring themselves invested with power, to legislate for us in all cases whatsoever.
“He has abdicated government here, by declaring us out of his protection, and waging war against us.
“He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
“He is at this time transporting large armies of foreign mercenaries, to complete the works of death, desolation, and tyranny, already begun, with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.
“He has constrained our fellow citizens, taken captive on the bigh Seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their bands.
“He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless In. dian savages, whose known rule of warfare is an undistinguished de. struction fall ages, sexes, and conditions.
“ In every stage of these oppressions, we have petitioned for redress, in the most humble terms: our repeated petitions have been answered only by repeated injury. A prince whose character is thus marked, by every act which may define a tyrant, is unfit to be the ruler of a free people.
“Nor have we been wanting in attentions to our British brethren. We have warned them from time to time, of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimily, and we have conjured them by the ties of our common kin. dred, to disavow tliese usurpations, which would inevitably interrupt our connexion, and correspondence. They, too, have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our separation, and
hold them as we hold the rest of mankind -enemies in war; in Declaration of
“We, therefore, the representatives of the United States of Ame. Independence. rica, in general congress assembled, appealing to the supreme judge
of the world, for the rectitude of our intentions, du, in the name and
and our sacred honour.is Approred.
AND WHEREAS this convention, having taken this declaration into their most serious consideration, did, on the ninth day of July last past, unanimously resolve that the reasons assigned by the conti. nental congress, for declaring the united colonies free and independent states, are cogent, and conclusive ; and that, while we lament the cruel necessity which has rendered that measure unavoidable, we approve the same, and will, at the risk of our lives and fortunes,
join with the other colonies in supporting it. Powers of the By virtue of which several acis, declarations, and proceedings, convention, mentioned and contained in the afore-recited resolves or resolutions of
the general congress of the United American States, and of tlie congress or conventions of this state, all power whatever therein hath reverted to the people thereof, and this convention hath, by their suf. frages and free choice, been appointed, and among other things, au. thorized to institute and establish such a government as they skall deem bestcalculated to secure therights and liberties of the good peo. ple of this state, most conducive of the happiness and safety of their constituents in parcular, and of America in general. I. This convention, therefore, in the name and by the authority All authority
derived from of the good people of this state, DOTH ORDAIN, DETERMINF the people. AND DECLARE, That no authority shall, on any pretence what. ever, be exercised over the people or members of this state, but such as shall be derived from and granted by them.
II. This convention doth further, in the name and by the authori. Legislative ty of the good people of this state, ONDAIN, DETERMINE AND DE- power. CLARE, That the supreme legislative power within this state, shall be vested in two separate and distinct bodies of men ; the one to be called the Assembly of the state of New-York; the other to be call. ed the Senate of the state of New York ; who, together, shall form the Legislature, and meet once at least in every year for the despatch of business.
III. AND WHEREAS laws inconsistent with the spirit of this consti. Council of Retution, or with the public good, may be hastily and unadvisedly passed : BE IT ORDAINED, That the governor, for the time being, the chancellor and the judges of the supreme court, or any iwo of them, together with the governor, shall be, and hereby are, constituted a council to revise all bills about to be passed into laws by the legis. lature. And for that purpose shall assemble themselves, from time to time, when the legislature shall be convened ; for which, never. theless, they shall not receive any salary or consideration under any pretence whatever. And that all bills which have passed the Senate and Assembly, shall, before they become laws, be presented to the said council for their revisal and consideration ; and if upon such revision and consideration, it should appear improper to the said council, or a majority of them, that the said bill 'should become a law of his state, that they return the same, together with their objections thereto in writing, to the senate or house of assembly, in whichso. ever the same shall have originated, who shall enter the objections sent down by the council, at large, in their minutes, and proceed to re-consider ihe said bill. But if after such re-consideration, two thirds of the said senate or house of assembly, shall, notwithstand. ing the said objections, agree to pass the same, it shall, together with the objeciions, be sent to the other branch of the legislature, where it shall also be re-considered, and if approved by two thirds of the members present, shall be a law.
And in order to prevent any unnecessary delays,
Be it further ordained, That if any bill shall not be returned by the council, within ten days after it shall have been presented, the laws if not content
Bills to become same shall be a law, unless the legislature shall, by their adjourn. turned in ten ment, render a return of the said bill within ten days impracticable ; days. in which case, the bill shall be returned on the first day of the meeting of the legislature, after the expiration of the said ten days.
iv. That the assembly shall consist of at least seventy members, The Assembly. to be annually chosen in the several counties, in the proportion fol. lowing, viz: For the City and County of New-York,
apportioned to The City and County of Albany,
tach county The County of Dutchess,
sentation in The County of Ulster,
counties increas The County of Orange,
Four. ed to 47.-E.
creased o 212 Members of As.
The County of Kings,
Two. The County of Richmond,
Two. * The County of Tryon,
Six. + The County of Charlotte,
Four. # The County of Cumberland,
Three. Census, when # The County of Gloucester,
Two. and how to be V. That as soon after the expiration of seven years, subsequent to taken.
the termination of the present war, as may be, a census of the electors and inhabitants in ihis state be taken, under the direction of the legislature. And if on such census it shall appear, that the num. ber of representatives in assembly from the said counties is not justly proportioned to the number of electors in the said counties respective. ly, that the legislature do adjust and apportion the same by that rule. And further, that once in every seven years, after the taking of the said first census, a just account of the electors resident in each county shall be taken ; and if it shall thereupon appear that the number of electors in any county, shall have increased or diminished one or more seventieth parts of the whole number of electors, which on the said first census shall be found in ibis state, the number of representatives for such county shall be increased or diminished accordingly, that is to say, one representative for every seventieth part, as
aforesaid. Ballot, opinion of voting by.
VI. And whereas an opinion hath long prevailed among divers of the good people of this state, that voting at elections by ballot, would tend more to preserve the liberty and equal freedom of the people, than voting viva voce : To the end, therefore, that a fair experiment be made, which of those two methods of voting is to be
preferred : After the war experiment to
Be it ordained, That as soon as may be, after the termination of be made : the present war, between the United States of America and Great.
Britain, an act or acts be passed by the legislature of this state, for causing all elections thereafter to be held in this state for senators and representatives in assembly, to be by ballot, and directing the manner in which the same shall be conducted. And whereas it is possible, that after all the care of the legislature, in framing the said act or acts, certain inconveniences and mischiefs, unforeseen at this day, may be found to attend the said mode of electing by ballot:
It is further ordained, That if after a full and fair experiment shall To be abolished if found incon. be made of voting by ballot aforesaid, the same shall be found less venient. conducive to the safety or interest of the state, than the method of
voting viva voce, it shall be lawful and constitutional for the legislature to abolish the same : Provided two thirds of the members present in each house respectively shall concur therein. And further, that during the continuance of the present war, and until the legis. lature of this state shall provide for the election of senators, and representatives in assembly, by ballot, the said elections shall be made viva voce.
VII. That every male inhabitant of full age, who shall have perqualifications sonally resided within one of the counties of this state, for six af electors,
months immediately preceding the day of election, shall at such election, be entitled to vote for representatives of the said county in assembly; if during the time aforesaid, he shall have been a freehold. er, possessing a freehold of the value of twenty pounds, within the said county, or have rented a tenement therein of the yearly value of forly shillings, and been rated and actually paid taxes to this state : Provided always, That every person who now is a freeman of the city of Albaniy, or who was made a freeman of the city of New York, on or before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, and shall be actually and usually resident in the said cities respectively, shall be entitled to vote for representatives in assembly witbin his said place of residence.
* Name afterwards altered 10 Montgomery.- Name afterwards altered to Washington.....Ceded 10 Vermont.--.- Editors.