The second and third sections were then read, and respectively passed, as follows:

"IL Laws may be passed, excluding from the right of suffrage persons who have been, or may be, convicted of infamous crimes.

"III. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage, hereby established."

MR. LANSING moved to amend the fourth section by inserting, after the word "abolished," the following words :-" but that all persons who shall have been, previous to the ratification of this constitution, entitled to vote according to the existing laws of this state, shall be electors,

The question was put and lost, and the section passed as follows :

"IV. The existing qualifications for the right of suffrage, are abolished. The oath, or affirmation of allegiance, which may now be required from an elector, is abolished."

The fifth and sixth sections were then read, and respectively passed, as follows:

:

"V. No citizen, entitled to the right of suffrage, shall be arrested for any civil cause, on any day or days of an election.

"VI. All elections by the citizens, shall be by ballot, except such town officers, as may by law be directed to be otherwise chosen."

The seventh section was then read.

MR. SWIFT moved to insert after the word "judicial," in the second line, the words "except such inferior officers as may by law be excepted," so as to enable the legislature to provide for dispensing with oaths of office to town and other subordinate officers. Carried.

The question was then taken on the seventh section as amended, and the same was passed.

MR. WARD moved to reconsider the fifth section. Agreed to.

MR. E. WILLIAMS moved to add at the end of the section the following words: "while going to, attending upon, or returning from any such election." Withdrawn.

MR. HOGEBOOM moved to insert after the word " arrested," the words "in the county where he resides." Lost.

MR. E. WILLIAMS moved to strike out the whole section.

Carried.

The report of the committee of the whole then passed in the Convention as follows:

"I. Every male citizen of the age of twenty-one years, who shall have been one year an inhabitant of this state, preceding the day of the election, and for the last six months a resident of the town or county where he may offer his vote, and shall have paid a tax to the state or county within the year next preceding the election, assessed upon his real or personal property; or shall be by law exempt. ed from taxation; or being armed and equipped according to law, shall have performed within that year military duty in the militia of this state: And also every male citizen of the age of twenty-one years, who shall have been for three years next preceding such election an inhabitant of this state, and for the last year a resident in the town or county where he may offer his vote; and shall have been within the last year assessed to labour upon the public highways, and shall have performed the labour, or paid an equivalent therefor, according to law, shall be entitled to vote in the town or ward where he actually resides, and not elsewhere, for all offices that now are, or hereafter may be, elective by the people: Provided, that no man of colour, unless he shall have been for three years a citizen of this state, and for one year next preceding any election, be seised and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon, shall be entitled to vote in the election of any officer of the government; and provided further, that no man of colour shall be subject to direct taxation, unless he shall be seised and possessed of such real estate as aforesaid.

"II. Laws may be passed, excluding from the right of suffrage persons who have been, or may be, convicted of infamous crimes.

"III. Laws shall be made for ascertaining by proper proofs the citizens who shall be entitled to the right of suffrage hereby established.

"IV. The existing qualifications for the right of suffrage are abolished. The oath or affirmation of allegiance, which may now be required from an elector is abolished.

"V. All elections by the citizens shall be by ballot, except such town officers as may by law be directed to be otherwise chosen.

"VI. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may by law be excepted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirma

tion :

'I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the state of New-York; and that I will faithfully discharge the duties of the office of according.

to the best of my ability.'

"And no other declaration, or test, shall be required, as a qualification for any office, or public trust."

LEGISLATIVE DEPARTMENT.

The report of the committee of the whole on the legislative department, was then read by section.

On the First Section.

That the state shall be divided into eight districts, to be called senate districts, each of which shall choose four senators.

The first district to consist of the counties of Suffolk, Queens, Kings, Richmond and New-York.

The second district to consist of the counties of Westchester, Putnam, Dutchess, Rockland, Orange, Ulster and Sullivan.

The third district to consist of the counties of Greene, Columbia, Albany, Rensselaer, Schoharie and Schenectady.

The fourth district to consist of the counties of Saratoga, Montgomery, Hamil ton, Washington, Warren, Clinton, Essex, Franklin and St. Lawrence.

The fifth district to consist of the counties of Herkimer, Oneida, Madison, Oswego, Lewis and Jefferson.

The sixth district to consist of the counties of Delaware, Otsego, Chenango, Broome, Cortland, Tompkins and Tioga.

The seventh district to consist of the counties of Onondaga, Cayuga, Seneca and Ontario.

The eighth district to consist of the counties of Steuben, Livingston, Monroe, Genesee, Niagara, Erie, Allegany, Cattaraugus and Chautauque.

And as soon as the senate shall meet after the first election to be held in pursuance of this provision, they shall cause the senators to be divided, by lot, into four classes of eight in each, so that every district shall have one senator of each class, the classes to be numbered one, two, three and four; and the seats of the first class shall be vacated at the end of the first year, of the second class at the end of the second year, of the third class at the end of the third year, of the fourth class at the end of the fourth year, and so on continually, in order that one senator be annually elected in each senate district.

MR. VAN BUREN moved to amend the first section, by striking out Ulster and Sullivan from the second senatorial district, and Columbia from the third, and to transpose these counties.

Mr. V. B. remarked that with regard to contiguity of territory, it would be found that the south-east part of Westchester was nearly if not quite as remote from the extreme of Sullivan, as the latter county would be from Rensselaer. It was also desirable to form the districts in such manner as to divide them as far as is practicable by the Hudson's river, where the counties lay near to it. The difficulty of crossing, especially late in the fall, when our elections are hereafter to be held, must be obvious. By the proposed arrangement, all the

third district will lie on the west side of the river, except Rensselaer, which can be approached at all seasons. It would also be more contiguous in regard to communication than the district proposed by the committee. The facilities afforded by the river for commercial and political intercourse, were such, that the extremes proposed by this arrangement would be nearer for all practical purposes, than to retain the form which the committee have proposed-for what earthly connexion, he would ask, was there between the counties of Sullivan and Westchester?

The conveniences of communication, therefore, were altogether in favour of the amendment he had proposed. But were they balanced, there was another consideration that must turn the scale in its favour. He alluded to the population, which, by reference to the tables, as exhibited in the report of the committee, it would be seen, would be essentially equalized by the arrangement he had proposed. It was a matter of general wish and of common right, that the same degree of efficiency should be given to the votes of electors of one district, as in another, and this could only be attained by securing the greatest practicable equality in the respective districts.

MR. E. WILLIAMS remarked, that he rose for the purpose of stating his objections to the plan proposed by the gentleman from Otsego, (Mr. V. B.) and to say a few words in behalf of the county of Columbia. She will do her duty, (said Mr. W.) wherever she is placed. Unless you annex her to Massachusetts she will be an aid to her friends, and an annoyance to her enemies. When gentlemen introduced their proposition for a division into eight districts, and display their map in the lobby, they gave a virtual pledge, that it should not be afterwards politically modified; and he would add that the principal cause of the abandonment of the favourite project for thirty-two districts, was the map. But it was to be feared that gentlemen were now about to be out-mapped.

The question is not so much of population as of territory. What is the fact? In the second district we shall have a narrow territory, extending from within six miles of the City-Hall in New-York, to within twelve miles of the Capitol in Albany--and in the third district you have a Gerrymander. The monster will curl its tail on the mountains of Jersey-coil along the borders of Pennsylvania; wind its scaly and hideous carcass between the crooked lines of coun ties, and finally thrust its head into Bennington. Disguise it as you will, the object will be visible and the people of this state will understand that it is to exclude federalism from every senatorial district. This may be just. It may be magnanimous. And gentlemen must do as they please as they hold the power.

The motion was further supported by Messrs. Duer, Buel, and I. Sutherland, and opposed by Messrs. Hunter, D. Clark, Sharpe, and Van Vechten, when the question was taken by ayes and noes, and decided in the negative, as follows:

NOES.-Messrs. Baker, Barlow, Beckwith, Birdseye, Brooks, Burroughs, Child, D. Clark. Collins, Day, Dodge, Dubois, Edwards, Ferris, Fish, Frost, Hallock, Hees, Hogeboom, Howe, Hunter, Huntington, Jones, Kent, King, A. Livingston, P. R. Livingston, M'Call, Millikin, Moore, Porter, Price, Radeliff, Rhinelander, Rockwell, Rogers, Rose, Ross, Sage, N. Sanford, R. Sandford, Seaman, Seely, Sharpe, I. Smith, R. Smith, Spencer, Stagg, Steele, Swift, Sylvester, Tallmadge, Ten Eyck, Townley, Townsend, Van Fleet, Van Horne, Van Ness, J. R. Van Rensselaer, S. Van Rensselaer, Van Vechten, Verbryck, E. Webster, Wendover, Wheaton, E. Williams, Woodward, Wooster, Young.-69.

AYES. Messrs. Briggs, Buel, Carver, Case, R. Clarke, Cramer, Duer, Eastwood, Fenton, Humphrey, Hunt, Knowles, Lansing, Lawrence, Lefferts, Nelson, Park, Pike, Pitcher, Pumpelly, Reeve, Richards, Russell, Schenck, Starkweather, I. Sutherland, Taylor, Tuttle, Van Buren, Ward, N. Williams, Woods, Yates.-36.

JUDGE VAN NESS moved to strike out the first section of the report, and to insert the following substitute:

"The state shall be divided by the legislature into districts, to be called senate districts, to be composed of contiguous territory, and that one senator shall be elec

ted in each district which division shall be made as soon as may be after the ratifi gation of this amendment by the people, provided that it shall be competent for the legislature, in case it shall be deemed expedient to form the city and county of New-York and such contiguous county or counties as they may deem fit and prop. er into one district, for the purpose of electing senators, to reduce the number of said districts to , and to authorize the election of senators in the said disrtict, to be composed of the city and county of New-York and such contiguous county or counties as aforesaid; and provided further, that until such division shall be made by the legislature, senators shall be elected by the same number of dis tricts as they are at present elected."

MR. I. SUTHERLAND proposed to the mover to vary the substitute, so as to read" not less than eight nor more than sixteen."

JUDGE VAN NESS did not assent to the suggestion, and after a few remarks from the mover, and Messrs, Birdseye and King, the question on the substitute was taken by ayes and noes, and decided in the negative, as follows:

NOES-Messrs. Barlow, Beckwith, Birdseye, Briggs, Brooks, Burroughs, Carver, Case, Child, D. Clark, R. Clarke, Clyde, Collins, Cramer, Day, Dodge, Duer, Eastwood, Edwards, Fairlie, Fenton, Ferris, Frost, Hallock, Hogeboom, Howe, Humphrey, Hunt, Hunting, King, Knowles, Lansing, Lawrence, Lefferts, P. R. Livingston, M’Call, Moore, Nelson, Park, Paulding, Pike, Pitcher, Porter, Price, Pumpelly, Radcliff, Richards, Rockwell, Rogers, Ross, Russell, Sage, N. Sanford, R. Sandford, Schenck, Seaman, Sharpe, Sheldon, Stagg, Starkweather, Steele, I. Sutherland, Swift, Tallmadge, Taylor, Ten Eyck, Townsend, Tripp, Tuttle, Van Buren, Van Fleet, Van Horne, S. Van Rensselaer, Verbryck, Ward, E.Webster, Wendover, Wheaton, N. Williams, Woodward, Wooster, Yates, Young.-83.

AYES-Messrs. Buel, Fish, Hees, Hunter, Huntington, Hurd, Jones, Kent, Millikin, Rhinelander, Rose, Seely, I. Smith, R. Smith, Spencer, Sylvest ter, Townley, Van Ness, J. R. Van Rensselaer, Van Vechten, E. Williams, Woods-21.

MR. YATES then renewed the motion of the gentleman from Schoharie, (Mr. Sutherland) to amend the substitute so as to read, not less than eight nor more than sixteen, leaving the state to be divided into districts by the legislature, after the next census shall be taken.

The motion was supported by Messrs. Yates and E. Williams, and opposed by Messrs. King, Tallmadge, Fairlie, Briggs, and Burroughs, when the question was taken and lost.

On motion of Mr. KING, the question on the first section as far as to the word "Chautauque," embracing the eight district, was taken and carried. MR. N. WILLIAMS moved to add the following clause to the end of the first section:

"Provided, that no person shall be eligible to the office of senator, who shall not have attained the age of thirty years, and been five years a resident of this state, and who shall not, at the time of his election, be seized of a freehold estate in his own right within this state, of the value of one thousand dollars, over and above all debts and incumbrances charged thereon."

Mr. W. called for the ayes and noes, and the question was decided in the affirmative, as follows:

AYES-Messrs. Baker, Beckwith, Birdseye, Breese, Brooks, Buel, Burroughs, Child, D. Clark, Clyde, Day, Dodge, Dubois, Fairlie, Ferris, Hees, Hunter, Hunting, Hurd, Kent, Knowles, Lansing, P. R. Livingston, Nelson, Pitcher, Porter, Pumpelly, Radcliff, Rhinelander, Richards, Rogers, Rose, Sage, Seaman, Seely, Sharpe, Sheldon, I. Smith, R. Smith, Spencer, Sylvester, Townsend, Tripp, Van Ness, J. R. Van Rensselaer, S. Van Rensselaer, Verbryck, Ward, E. Webster, Wendover, Wheaton, E. Williams, N. Williams, Woods, Woodward-56.

NOES-Messrs. Barlow, Briggs, Carpenter, Carver, Collins, Cramer, Eastwood, Edwards, Fenton, Fish, Frost, Hallock, Hogeboom, Howę, Hym

phrey, Hunt, Huntington, King, Lawrence, Lefferts, A. Livingston, M'Calk Millikin, Moore, Park, Paulding, Pike, Price, Rockwell, Ross, Russell, N. Sanford, R. Sandford, Schenck, Stagg, Starkweather, I. Sutherland, Swift, Tallmadge, Ten Eyck, Van Buren, Van Fleet, Van Horne, Wooster, Yates, Young-46.

The residue of the second section, and the whole section as amended, then passed.

The second section was then read as follows:

"II: That a census of the inhabitants of the state, excluding aliens, paupers, convicts and persons of colour not taxed, be taken under the direction of the legis lature, in the year 1825, and at the end of every ten years thereafter; and that the said districts shall be so altered by the legislature at the first session after the return of every census, that each senate district shall contain, as nearly as may be, an equal number of such inhabitants; which districts shall remain unaltered until the return of another census. Provided, that every district shall at all timesconsist of contiguous territory, and that no county shall be divided in the forma tion of a senate district."

CHIEF JUSTICE SPENCER was opposed to the vagueness of the word "convicts" and on motion of Mr. E. WILLIAMS, the word was stricken out.

On motion of Mr. WENDOVER, the words "excluding aliens, paupers, and persons of colour not taxed," were transferred so as to follow the word "inhabitants" in the 10th line.

CHIEF JUSTICE SPENCER moved the following amendment :

"After districts,' in 10th line, 2d section, strike out shall remain unaltered until the return of another census,' and insert but the legislature, on the return of every census, may alter the said districts, and they shall never be diminished, but may be increased."

The amendment was supported by the mover and Mr. E. Williams, and opposed by Messrs. Van Buren, Briggs, and Young, when the question was taken and lost, and the second section passed as amended.

The third section was read as follows:

III. That on the taking the census in 1825, the number of the members of assembly shall be fixed at one hundred and twenty-eight, and shall never exceed that number."

MR. WHEATON offered the following amendment :

"And that the same shall be apportioned among the several counties of the state, as nearly as may be, according to the number of inhabitants in each county, excluding aliens, paupers, and persons of colour not taxed, which apportionment shall remain unaltered until the return of another census; provided, that every county heretofore established and separately organized, shall be entitled to one member."

MR. RUSSELL offered the following addition to Mr. Wheaton's proviso:.

“IV. And that in future no new county shall be erected, unless its population shall entitle it to a member."

After some discussion, both the amendment and the proviso were adopted. MR. KING moved to strike out the words "on the taking the census in 1825." Carried.

The section was then passed as amended.

The fourth section was read and passed without amendment, as follows:

"Any bill may originate in either house of the legislature; and bills passed by e house may be amended by the other."