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Resolved, That every male citizen of the age of 21 years, who shall have an interest in his own right, or in the right of his wife, in law or equity, of the value of $250, over and above all debts charged thereon, in any lands or tenements in this state, at the time of offering his vote at any election; and also every male citizen of the age of twenty-one years, who shall have been one year next preced. ing the day of election, an inhabitant of this state, and for the last six calendar months a resident in the city, town, county, or senatorial district where he may of fer his vote, and who shall within the year next preceding have been regularly rated and assessed to the amount of fifty cents or upwards, for any state, county, city or town tax or taxes, in money, pursuant to law, (not including any assessment for highways) and who shall have actually paid such tax or taxes, shall be authorized and empowered to vote for governor, lieutenant-governor, senators, members of assembly, and all other elective officers: Provided, that no person shall vote at any election, except in the town or ward in which he shall reside at the time of the election.

Referred to the same committee.

MR. WENDOVER submitted the following resolution, which obtained a similar reference:

After the word years in the second line add,

"Excepting people of colour, and Indians, not possessing taxable freehold property within this state, of the value of two hundred and fifty dollars."

MR. SHARPE moved that the following proposition of Mr. Duer (now absent) be referred to the same committee.

Strike out all after the word "year" in the second line, for the purpose of inserting as follows:

"Next preceding the election at which he shall offer his vote, an inhabitant of this state, and for the last six months of that period a resident of the city, ward, or town in which such election shall be held, and shall within the said year have actually paid a state or county tax assessed upon his real or personal property, and the sons of persons thus qualified, of the age of twenty one years, and residing in the family of their parents, shall be entitled to vote for all officers that now are or hereafter may be elected by the people."

The amendment was referred accordingly.

GEN. S. VAN RENSSELAER moved to refer the amendment submitted several days since, to the committee of the whole, and withdrawn, to the same com mittee. That amendment was in the words following:

Every male citizen of the age of 21 years, who shall have resided in the state one year, and in the city or town where he may claim to vote, six months preceding an election; and within the last two years, shall have been assessed, and paid à state, county, or town tax; together with the sons of eitizens qualified as aforesaid, above the age of 21 years, and not exceeding years, who may neither have been assessed, nor paid any such tax, shall be entitled to vote for governor, lieutenant-governor, senators, members of assembly, and for every other officer to be elected by the people.

Referred accordingly.

Mr. BIRDSEYE offered the following resolution, which was referred to the same committee :

Strike out the first section of the report of the select committee, and insert,

I. Resolved, That all persons embraced in the four following cases, shall be en titled to vote for all officers to be elective by the people:

1st. Every free male citizen of this state of full age, who shall for six months preceding an election, have possessed in the county where he may offer his vote, an interest in land either as a freeholder or under a contract of purchase to the value of $100, over and above all debts charged thereon.

2d. Every free white male citizen of this state, who shall for six months preceding an election, have occupied in the county where he offers to vote, either as a tenant, as a freeholder, or under a contract of purchase, a tenement of the yearly value of 5 dolls.

3d. Every free white male citizen of this state, of full age, who shall within two years preceding the election at which he offers his vote, have been rated and actual-` ly paid taxes in the county where he offers to vote, upon any assessment of the amount of 50 dollars, for town, county, or state charges, on real or personal property.

4th. Every free white male citizen of this state, of full age, who being armed and equipped according to law, shall for one year preceding an election have performed militia duty required of him by law in the militia of this state but no person shall vote but in the town in which he shall then reside, nor unless he shall have been an inhabitant of the state for one year, and of the county where he offers to vote for six months preceding an election.

MR. RADCLIFF offered the following resolution, which obtained a similar reference :

Resolved, That the committee be instructed to inquire into the expediency of adding the following to Mr. Root's amendment. After the word state, in the tenth line, add :

"And provided, however, that no citizen, other than a white male citizen, who shall not for the year next preceding have been so assessed and actually paid a tax, either to the state or county, upon a real or freehold estate, of which he was seised, shall be entited to vote at any such election; and that no other than white citizens shall be liable to be assessed, or to pay any personal tax, or any tax on any personal estate whatever."

MR. R. SMITH offered the following, which was also referred to the same committee :

Resolved, That every male citizen of the age of twenty-one years, who shall have been one year an inhabitant of this state, and for six months a resident in the town, county, or district where he may offer his vote, and shall have been for the year next preceding assessed, and shall have actually paid a tax, either to the state, county, or town, or being armed and equipped according to law, shall have performed within that year military duty in the militia of this state; and also all ministers of the gospel, being citizens, and every other white male citizen of the age of twenty one years, who shall have been three years an inhabitant of this state, and for one year a resident in the town or city where he may offer his vote; and has during the said year been assessed and actually paid a tax on the high. way, or commuted therefor, shall be entitled to vote in the town or ward where he may then actually reside, for any elective officer in this state.

The PRESIDENT observed that the business next in order, would be the consideration of the report of the select committee, on that part of the constitution which relates to the legislative department.

On suggestion of MR. KING, that subject was postponed.

FUTURE AMENDMENTS.

On motion of MR. VAN BUREN, the Convention then resolved itself into a committee of the whole, on the report of the committee to whom was referred the subject of future amendments of the constitution. Col. Young in the chair.

GEN. ROOT moved to strike out that part of the report from the word and, in the ninth line, to the word then, in the sixteenth line, which required a second reference to the legislature, so that an amendment which should at any time have received the sanction of two-thirds of that body, shall be presented at ance for the final review of the people.

In support of the amendment, he observed, that he thought there was too much complexity in the machinery, and bolts and hoppers of the political mill,

before the final process should present the superfine flour in the receiver. No amendment could ever be consummated in this protracted and tedious way. The subject would be forgotten by the people before they ultimately came to act upon it. It would indeed be published in the newspapers, and read about as often as the advertisements of mortgage sales, which might occupy the contiguous columns. There was no necessity of presenting the subject twice to the legislature.

MR. VAN VECHTEN, as a member of the committee which had presented the report, thought it expedient to state a brief outline of the reasons that had induced the committee to offer it.

The principle of the report was borrowed from the late amendments of the constitution of Massachusetts

The object of requiring its passage by two-thirds of two successive legislatures, was, that the attention of the people might be called to the subject, and sufficient time given for deliberation upon it; and it is probable that the members of the second legislature would be chosen with special reference to the subject. The constitution, he said, should not be altered for light or trivial causes. Its amendment should be the result of calm and dispassionate reflection, not of sudden and strong excitement.

MR. SHARPE was opposed to striking out. After the constitution should be ade, he hoped it would be united in by the Convention and the people, and suffered to remain long enough to give it a fair experiment. Sir, in this way, we shall be making amendments too cheap. The legislature will always be troubled with propositions from various parts of the state, to alter the constitution, and these from one place or another, will be received year after year. Experience will warrant this conclusion, from what has taken place in regard to the constitution of the United States. Sir, a session of congress never passes, in which much time is not occupied in discussing amendments to that constitution.

GEN. ROOT. It seems that such perfection will be obtained in the instrument about to be made, as never to require amendment. It is to be the very essence of perfection, and will remain forever unalterable. We have been told that we must make a constitution for future ages, when this state shall become populous and corrupt. In that case, it ought to be so made as to be capable of alteration, so as to check the first appearance of corruption. It will undonbtedly require alteration, as the condition of society may change. If the people foresee that the constitution we present to them is susceptible of amendment they may adopt it, even though some of its provisions may be obnoxious. But if an insuperable barrier is placed in the way of future alteration, its adoption may be very doubtful. The constitution of the United States would never have been ratified, had it not been capable of amendment.

It had been said, that the second legislature will bring with them the sentiments of the people on the subject. If so, where is the benefit of referring it to the people at all? He thought the constitution of the United States had not been sufficiently liberal on this subject, and that many salutary amendinents had been prevented. In this Convention, a bare majority is expected to make such a perfect constitution, that the unhallowed hands of posterity must never pollute it with their touch. He was not willing that the motto Noli me tangere, should be inscribed upon it.

CHIEF JUSTICE SPENCER said, when he read this report he did think that we should unanimously adopt it, without amendment, and that we should have the satisfaction of agreeing on one point at least. But he now despaired of realising his hopes and expectations. The amendment of the gentleman from Delaware appeared to him to be a mischievous one, though he did not charge him with that intention. He explained the provisions of the report, and thought they were such as every member must approve. It afforded him pleasure to see incorporated in this report one principle, which he had mentioned in a former debate-he meant the principle of submitting the question to the people in the first instance, whether they would amend the constitution. The gentleman from Delaware had complained, that there would be a great delay in effecting any amendments. Mr. S. did not apprehend any difficulty on this score-he

hoped the constitution would not be left so imperfect, that the postponement of an amendment for two years at farthest, would be a serious grievance.

It had once or twice been thrown out in debate, that the amendments to the constitution would be submitted en masse to the people. He was sorry to see this subject introduced at this stage of our proceedings, and could not but think it premature. Ata proper time it would regularly come before the Convention, and be a subject for discussion.

MR. VAN BUREN rose merely to correct an idea that seemed to be entertained that he was in favour of an entire new constitution. The fact, he said was otherwise. He preferred to engraft amendments upon the existing one; and he had only expressed his fears that such a course might be rendered unavoidable from the very numerous and essential alterations that had been proposed.

GEN. TALLMADGE concurred in the remarks that had fallen from the honourable gentleman from Albany, (Mr. Spencer) and had hoped that this report would have been unanimously adopted. If the motion of the gentleman from Delaware should prevail, it would result that the vital principles of the govern ment might be entirely changed, and its most important and valuable institutions overturned, in the short period of six or seven months. It necessarily devolved upon the legislature to fix the time when it should be submitted for its final ratification by the people; and thus essential and momentous principles might be introduced under the impulse of sudden excitement. Three-fourths of the states, instead of two-thirds, are required to sanction amendments to the constitution of the United States; and the time necessarily required to obtain that sanction, was very considerable. But even there, it had been shewn from experience, that amendments were liable to be obtained with too great facility. It had been appended as a thirteenth article to the amendments of that constitution, in the laws of the United States, published under the direction of the then secretary of state, and attorney general, that any person who should accept of any present, pension, patent of nobility, &c. from any foreign prince, potentate or power, should be thenceforth disfranchised. And it had been inferred that a soldier, by having enlisted in the Spanish service in Florida, and received the bounty of a dollar, was no longer entitled to the privileges of an American citizen. The amendment had been proposed at the time the nation was in a ferment respecting young Bonaparte, who received a pension from France. It was found, however, on examination, that fortunately the concurrence of one more state was wanting, so that this preposterous amendment was prevented from becoming a part of the constitution of the United States. He hoped, therefore, that this committee would not embrace a principle liable to such dangerous consequences.

GEN. ROOT then withdrew his motion,and moved to strike out the words twothirds, and to insert the word majority, so as to require the passage of a proposed amendment by a majority only, when it should be a second time presented to the consideration of the legislature.

MR. P. R. LIVINGSTON preferred to have the majority referrable to the first legislature rather than the second, and hoped the mover would consent to vary his motion accordingly.

GEN. ROOT preferred to retain it in its present shape. He thought that the first legislature would be more apt to be hurried away by the impulse of party

than the second.

MR. VAN BUREN made a few remarks in opposition to the motion.

The question was then taken and decided in the negative, by a large majority, only fourteen voting in the affirmative.

MR. WENDOVER moved an amendment, to render more definite the contemplated publication, by adding after the word published, “in at least one newspaper in each county in this state, in which a newspaper shall be printed."

MR. VAN VECHTEN thought that the manner of the publication might with propriety be left to the determination of the legislature.

MR. WENDOVER's motion was then put and negatived.

JUDGE PLATT did not rise to object to the report-he heartily approved of it. There was one ambiguous phraise, however, which he wished to see amended. The words" the people," which occurred in the 18th line of the report appeared

to him not to be sufficiently definite. There were frequently warm disputes who were the people-party after party sprung up, all claiming to be the people, and in some cases it might become a subject of doubt, who were meant to be comprehended in the term. One might say that this or that party were the people-another, that the freeholders only were included in the term-a third, that the whole mass of the community were the people. This ambiguity might lead to serious difficulties, and he thought we had better substitute a term more definite. He moved to strike out the words "the people," and to insert instead thereof, the clause in the act of the legislature recommending a Convention, and defining what persons should be entitled to vote. It was a fair principle, that all who had a voice in making this constitution, should also have a voice in amending it, and no others.

MR. E. WILLIAMS opposed the motion of the gentleman from Oneida, (Mr. Platt.) The last words which he should vote to strike out, would be "the people," because we all agree that the people are the only sovereigns of this state. There is, however, a difference of opinion as to what constitutes the people. Some think the people comprise the whole mass of the population, and in this sense it has been used by the committee who made this report. We should therefore retain it as reported. The select committee have wisely provided that as it regards future amendments, the whole shall be heard, male and female. The better half of the people will then advise with their fathers, husbands, sous and brothers, and thus there can be no doubt but the people will arrive at correct conclusions. And to save those better halves the trouble of voting, the committee have deputed those who usually represent them, to go and vote on this occasion.

The motion of Mr. Platt was lost.

The question was then taken by ayes and noes on the whole report, and decided in the affirmative unanimously.

The committee thereupon rose and reported the same complete.

MR. SPENCER moved that the report of the committee on the appointing power be made the order of the day for Monday next. Carried. MR. WHEATON offered the following resolutions:

Resolved, That the constitution ought to be so amended, as to provide, that it shall be the duty of the legislature to make uniform laws on the subject of private corporations, and that no religious, or civil, or clemosynary corporation, (except for the government of cities and towns,) shall hereafter be established, unless according to the general rules and regulations prescribed from time to time in such laws: Provided, that nothing herein contained shall be construed to impair the obligations of the charters already granted to the several corporations in this state.

Resolved, That the constitution ought to be so amended, as to provide, that the legislature shall make no retrospective law, or act, divesting the rights of property, legally vested in any person or body politic at the time of the passage of such act.

Resolved, That the constitution ought to be so amended as to provide, that no person shall be compelled to frequent or support any religious worship, place, or ministry whatsoever; (except according to such private contract, as he, or any corporation of which he is a member, may voluntarily make for that purpose,) nor shall be restramed, molested, or burthened, on account of his religious opinions or belief, and the same shall not affect his civil capacities, and no religious test shall ever be required as a qualification to any office or public trust under this

state.

Resolved, That the constitution ought to be so amended, as to provide, that the rights and privileges of the corporations called the college of physicians and sur geons in the city of New-York, the trustees of Columbia college in the city of New-York, of Union college, Hamilton college, and of all other colleges and acad. emies which have been, or shall be incorporated by the regents of the university of this state, pursuant to an act of the legislature entitled "an act relative to the university," passed April 5th, 1813, are hereby ratified and confirmed.

Resolved That the constitution ought to be so amended, as to provide, that it shall be the duty of the legislature to make laws requiring the several cities

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