election, and who, during the time aforesaid, shall have possessed a legal or equit. able interest in land, of the value of fifty dollars, within the said county, or have rented a tenement therein of the value of five dollars, and have, within one year next preceding, been rated, and actually paid a state or county tax, 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 shall be elective by the people."

The motion was supported by Messrs. King, Birdseye, and I. Sutherland, and opposed by Messrs. Tallmadge, Burroughs, Young and Cramer.

MR. P. R. LIVINGSTON rose, not to enter into the debate, but merely to suggest to the honourable mover, an evil which would result from the adoption of this amendment. It would disfranchise thousands in the state, who might be in every other respect qualified, except that of having rented a tenement for the last six months. There would be many young men, and many gentlemen who did not keep house, but board out with their families at public houses, that would be excluded from the right of voting by this provision.

The question was then taken by ayes and noes, and decided in the negative as follows:

NOES-Messrs. Barlow, Beckwith, Breese, Briggs, Brooks, Buel, Burroughs, Carpenter, Carver, Case, Child, D. Clark, R. Clarke, Clyde, Collins, Cramer, Day, Dodge, Dubois, Eastwood, Fenton, Ferris, Frost, Hogeboom, Howe, Humphrey, Hunt, Hunting, Hurd, Knowles, Lansing, Lefferts, A. Livingston, P. R. Livingston, M'Call, Millikin, Moore, Nelson, Park, Pike, Pitcher, Price, Pumpelly, Reeve, Richards, Rockwell, Root, Rosebrugh, Ross, Russell, Sage, N. Sandford, Schenck, Seaman, Seely, Sheldon, I. Smith, Starkweather, Steele, Swift, Tallmadge, Taylor, Ten Eyck, Townley, Townsend, Tripp, Tuttle, Van Buren, Van Fleet, Verbryck, Ward, E. Webster, Wendover, N. Williams, Wooster, Young-76.

AYES.-Messrs. Bacon, Birdseye, Duer, Edwards, Fairlie, Fish, Hallock, Hees, Hunter, Huntington, Jones, Kent, King, Lawrence, Munro, Paulding, Porter, Rhinelander, Rogers, Rose, Sharpe, Spencer, I. Sutherland, Sylvester, Van Horne, Van Ness, J. R. Van Rensselaer, S. Van Rensselaer, Van Vechten, Wheaton, E. Williams, Woods, Woodward.-33.

MR. I. SUTHERLAND renewed the proposition of Mr. King, modified by inserting after the word, "tax," the words, "either in money, or by labour on the highway."

MR. WENDOVER remarked, that under the extreme difficulty of hearing in the part of the room in which he had the misfortune to sit, he might mistake the application of the present proposition; but if he understood it, the effect would be, to admit all to vote who worked on the highway, and at the same time to exclude many of our valuable fellow citizens, a great proportion of whom are householders, and have every qualification as electors, except that they are exempted by law from paying taxes: he meant the artillerymen. If it was intended to exclude these, while their duties are vastly more burdensome than those of persons who work on the roads, he could not conceive how gentlemen could support the proposition; for his part he must vote against it, and hoped it would not be adopted.

The motion was further opposed by Messrs. King and Root, and was decided in the negative by ayes and noes, as follows:

NOES.-Messrs. Baker, Beckwith, Breese, Briggs, Brinkerhoff, Brooks, Burroughs, Carpenter, Carver, Case, Child, D. Clark, R. Clarke, Collins, Cramer, Day, Dodge, Dubois, Eastwood, Fenton, Ferris, Frost, Hogeboom, Howe, Humphrey, Hunt, Hunting, Hurd, King, Knowles, Lansing, Lawrence, Lefferts, A. Livingston, P. R. Livingston, M Call, Millikin, Moore, Nelson, Park, Pike, Pitcher, Price, Pumpelly, Radcliff, Reeve, Rhinelander, Richards, Rockwell, Rogers, Root, Roscbrugh, Ross, Russell, Sage, N. Sanford, R. Sandford, Schenck, Seaman, Seely, Sharpe, Sheldon, I. Smith, R. Smith, Starkweather, Steele, Swift, Tallmadge, Taylor, Ten Eyck, Townley, Townsend,

Tripp, Tuttle, Van Buren, Van Fleet, Verbryck, E. Webster, Wendover, N. Williams, Woods, Wooster, Young.-83.

AYES.-Messrs. Bacon, Birdseye, Bucl, Duer, Edwards, Hunter, Hunting ton, Kent, Munro, Ross, Spencer, I. Sutherland, Sylvester, Van Horne, Van Ness, J. R. Van Rensselaer, Ward, Wheaton, E. Williams, Woodward.-9. MR. BIRDSEYE moved to strike out the words, "in consequence of being fre men," in the amendment offered by Mr. Fairlie. His object was to include those, who are excused from military duty, in consequence of being employed on the canals.

The PRESIDENT decided, that the motion was not in order: the proper way would be to reconsider the vote on Mr. Fairlie's amendment.

COL. YOUNG thereupon moved to reconsider the same; but before the ques tion was taken thereon, the Convention, on motion of MR. Ward, adjourned.

MONDAY, OCTOBER 29, 1821. Prayer by the Rev. MR. DAVIS. Minutes of Saturday read and approved THE ELECTIVE FRANCHISE.

The first section of the report of the committee of the whole on the right of suffrage, and the qualifications of persons to be elected, was declared to be in order; and the question, arising on the motion of Mr. Young, to reconsider the clause adopted on the suggestion of Mr. Fairlie, relative to firemen, was first presented.

COL. Young advocated his motion, but remarked, that he should not insist strenuously upon it, if it was calculated to exclude a numerous and valuable class of citizens. But believing, as he did, that it would affect but few, inas much as the firemen would generally come within the scope of the other quali fications, he did not think it worth while to encumber the constitution with it. MR. SHARPE said, that there were 1500 or 2000 firemen in the city of NewYork, almost exclusively a respectable and responsible class of young men, who would not at all suffer by a comparison with those who would be admitted on gound of the highway qualification.

MR. RADCLIFF remarked that there was no difficulty in ascertaining by the inspectors of elections, who were and who were not firemen, as they are required to be registered by statute; and the intervention of an oath need not be required.

The motion to reconsider was then taken and lost.

On motion of MR. YOUNG, the words "or district" were stricken out, and the words "or" inserted before "county;" so that the elector be required to have resided in the town or county.

The first part of the section to the words "from taxation" in the ninth line inclusive, was then put and carried without a division.

The next paragraph to the words "according to law, in the twenty-first line, was then taken by ayes and noes and decided in the affirmative as follows:

AYES-Messrs. Baker, Breese, Briggs, Brooks, Burroughs, Carpenter, Carver, Case, Child, D. Clark, Clyde, Collins, Day, Dodge, Dubois, Eastwood, Fenton, Ferris, Frost, Hallock, Howe, Humphrey, Hunt, Huntington, Hurd, Lefferts, A. Livingston, P. R. Livingston, M'Call, Millikin, Moore, Munro, Nelson, Park, Pike, Porter, Price, Pumpelly, Radcliff, Richards, Rockwell, Rosebrugh, Ross, Russell, Sage, N. Sanford, R. Sandford, Seely, Sharpe, Sheldon, Smith, R. Smith, Starkweather, Steele, Swift, Tallmadge, Taylor, Ten Eyck, Townley, Tripp, Tuttle, Van Buren, Van Fleet, Verbryck, Ward, E., Webster, Wendover, N. Williams, Wooster, Yates, Young-71. NOES-Messrs. Birdseye, Duer, Edwards, Fairlie, Hees, Hunter, Jones, Kent, King, Lansing, Lawrence, Paulding, Rhinelander, Rogers, Rose, Sea man, Spencer, Stagg, I. Sutherland, Sylvester, Van Horne, Van Ness, J. R. Van Rensselaer, S. Van Rensselaer, Van Vechten, Wheaton, E. Willia Woods, Woodward-29.

On the residue of the section to the proviso. Carried.

ON THE PROVISO.

MR. R. SMITH moved as an additional qualification to persons of colour, to insert after the word "thereon," in the thirty-second line, the words " or other taxable property to the value of five hundred dollars."

MR. FAIRLIE hoped the subject would be suffered to rest in silence. It had been deliberately discussed, and distinctly voted upon.

CHIEF JUSTICE SPENCER was in favour of the amendment. He thought for the sake of consistency, it ought to be adopted. We had decided that real estate was not to have higher privileges than personal; and although he was not disposed to disturb the compromise on the question, yet he thought an accumulation of property to that amount, was such an evidence of the honesty and industry of the black man, that it ought to entitle him to vote, in the same manner as if his colour was white.

MR. BRIGGS said that a black man was not taxable for personal property to whatever amount, and therefore ought not to vote.

COL. YOUNG replied to the objection of inconsistency, and observed that the amendment would not get rid of the objection-for the man that can acquire $250 of personal property, could by the same act acquire the same amount of real property.

The question was then put on the amendment and lost.

MR. DUER moved to strike out from the last part of the section the following words: "And shall have been, within the year next preceding the election, assessed, and shall have actually paid a tax to the town or county." Carried.

The question on the proviso was then put and carried; and the section and proviso, as amended, were passed.

to.

Mr. E. WILLIAMS moved to re-consider the question on the proviso. Agreed

MR. YATES proposed to strike out the words "of age and residence." Withdrawn.

JUDGE VAN NESS moved a substitute for the proviso, which, after some modification, was passed as follows:--

"Provided, That no man of col ur, unless he shall have been for three years a citizen of this state, and for one year next preceding any election been seized and possessed of a freehold estate of the value of $250, over and above all debts and incumbrances charged thereon, shall be entitled to vote in the election of any offi cer of the government and provided further, That no man of colour shall be subject to direct taxation, unless he shall be seized and possessed of such real es. tate as aforesaid."

The question was then taken on the whole section, including the proviso, and carried in the affirmative as follows::

AYES-Messrs. Beckwith, Birdseye, Brooks, Buel, Burroughs, Carpenter, Carver, Case, Child, D. Clark, R. Clarke, Collins, Cramer, Day, Dolge, Dubcis, Duer, Eastwood, Ferris, Frost, Hallock, Howe, Hum; hrey, Hurd, Lawrence, Lefferts, A. Livingston, P. R. Livingston, M'Call, Millikin, Moore, Nelson, Park, Pike, Porter, Price, Pumpelly, Radcliff, Richards, Rockwell, Rosebrugh, Ross, Russell, Sage, N. Sanford, R. Sandford, Schenck, Seely, Sharpe, Sheldon, I. Smith, R. Smith, Starkweather, Steele, I. Sutherland, Swift, Tallmadge, Taylor, Ten Eyck, Townley, Townsend, Tripp. Tuttle, Van Buren, Van Fleet, Ward, E. Webster, Wendover, N. Williams, Woodward, Yates. Young-72.

NOES-Messrs. Briggs, Edwards, Fairlie, Fenton, Hces, Hogeboom, Hunt, Hunter, Huntington, Jones, Kent, King, Knowles, Lansing, Munro, Paulding, Rhinelander, Rogers, Rose, Seaman, Spencer, Stagg, Sylvester, Van Horne, Van Ness, J. R. Van Rensselaer, S. Van Rensselaer, Van Vechten, Verbryck, Wheaton, E. Williams, Woods, Wooster--32.

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

"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."

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

to the best of my ability.'

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, Hamilton, 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