And it shall be the duty of the person administering the government of this state at all times to communicate to the legislature such information in relation to the execution of the laws, and the discharge of the duties of the executive department, as without public inconvenience may be requested by the legislature.

A debate of considerable length ensued, in which Messrs. Munro, Tompkins, Ross, Briggs, Jay, Sheldon, Van Vechten, Sharpe, Van Buren, King, Root, and Tallmadge, took part.

The question was divided; and the motion for striking out was carried without a division.

On the question of inserting the words, as proposed by Mr. Tompkins, the proposition was lost.

MR. DUER then moved to strike out the words "seat of government"-in the first part of the report, and to substitute in lieu thereof the words "office of governor."

The object of the motion was to avoid the ambiguity which at present existed in the constitution, and to provide against a recurrence of those doubts which existed at the time our present chief magistrate was first elected.* Carried.

A motion was made by Mr. Tompkins, that when the doings of the committee of the whole should be reported to the Convention, the same, so far as relates to the duration of the executive term of office, shall be reported in blank.

And after a discussion thereof by Messrs. Tompkins, Briggs, Root, Sharpe, N. Williams, Spencer, and Cramer, the same was withdrawn.

Whereupon the committee rose and reported progress and obtained leave to sit again.

The President having resumed the chair, on motion, the Convention adjourned.

It will be recollected, that when Gov. Clinton was first elected, the election took place in consequence of the resignation of Gov. Tompkins, who had been elected Vice-President, Many people supposed, that under our constitution, a new election could not take place, until the expiration of the regular term.-Reporter.

WEDNESDAY, SEPTEMBER 12, 1821. Prayer by the Rev. MR. MAYER. The President took his seat at 10 o'clock, when the minutes of yesterday were read and approved.

A memorial was presented from the coloured people of the city of New-York, praying that the Convention would incorporate a provision in the constitution, preventing the legislature from passing any laws interfering with their rights, by requiring them to be registered, &c. previous to being allowed to exercise the right of suffrage. Ordered to lie on the table.

MR. N. SANFORD, from the committee appointed to consider the right of suffrage, and the qualifications of persons to be elected, reported, that the committee having considered the subjects referred to them, recommend the following amendments to the constitution :

§ 1. Every white male citizen of the age of twenty-one years, who shall have resided in this state, six months next preceding any election, and shall within one year preceding the election, have paid any tax assessed upon him, or shall within one year preceding the election, have been assessed to work on a public road, and shall have performed the work assessed upon him, or shall have paid an equivalent in money therefor according to law, or shall within one year preceding the election have been enrolled in the militia of this state, and shall have served therein according to law, shall be entitled to vote at such election, in the town or ward in which he shall reside, for governor, lieutenant-governor, senators, members of the assem. bly and all other officers, who are or may be elective by the people...

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

§3. Laws shall be made for ascertaining by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established. The legislature may provide by law, that a register of all citizens entitled to the right of suffrage, in every town and ward, shall be made at least twenty days before any election; and may provide that no person shall vote at any election, who shall not be registered as a citizen qualified to vote at such election.

4. 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.

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

§ 6. All elections by the citizens shall be by ballot.

§ 7. Members of the legislature, and all officers, executive and judicial, shall, before they enter on the duties of their respective offices, take the following oath or affirmation:

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

the best of your ability.

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

The report having been read, on motion of Mr. Sanford, was committed to a committee of the whole, and ordered to be printed.

Mr. Jay thereupon moved that the petition from the coloured people, be committed to a committee of the whole, when on the report which had just been read. Carried.

MR. WENDOVER moved an amendment to the rules and orders of the convention, which he had had in view for more than a week, the object of which was to prevent the division of a motion to strike out and insert-in other words to render a motion of that kind in all cases indivisible.

The motion was supported by the mover, together with Messrs. Root and Tallmadge, and opposed by Messrs. Briggs and Sheldon. It was finally adopted.

THE EXECUTIVE DEPARTMENT.

On motion of MR. RUSSELL, the Convention then again resolved itself into a committee of the whole, on the unfinished business of yesterday, (the report of the committee on the executive department)-Mr. Radcliff in the chair.

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Chief Justice Spencer moved to strike out after the words declaring the governor to be commander in chief of all the militia," the words "and admiral of the navy of this state. Carried.

CHIEF JUSTICE SPENCER suggested the propriety of striking out from the report of the committee, that part which goes to prohibit the governor from being eligible for more than eight years out of ten. It was the understanding yesterday, he believed, that that part of the report which relates to the term of office, should be read in blank, until we saw what would be the other provisions of the constitution. This part should be passed over with the same view. GEN. ROOT thought, as the committee of the whole had yesterday asked and obtained leave to sit again, that the whole report was again before the committee, and we should so act upon it. He continued his remarks a short time, and observed, that as the governor was no longer lord high admiral of the naey, it ought not to be in his power to stand on the quarter deck, and turn the representatives of the people out of doors. He concluded by moving to strike out that part of the report which continues to him the power of proroguing the legislature.

MR. VAN BUREN called for a division upon this question; which being taken, was declared to stand as follows:

AYES-Messrs. Breese, Brooks, Carver, D. Clark, Clyde, Collins, Cramer, Day, Dubois, Duer, Dyckman, Eastwood, Edwards, Fairlie, Ferris, Frost, Hunt, Hunting, King, Knowles, Lawrence, A. Livingston, P. R. Livingston, M-Call, Moore, Park, Paulding, Pitcher, Porter, President, Price, Pumpelly, Rhinelander, Richards, Rockwell, Rogers, Root, Rose, Rosebrugh, Ross, N.

Sanford, R. Sanford, Sharpe, Spencer, Steele, D. Southerland, I. Sutherland, Swift, Taylor, Townsend, Tripp, Van Buren, Van Horne, Verbryck, Wheaton, Woods, Woodward, Wooster, Yates—59.

NOES.-Messrs. Bacon, Baker, Barlow, Beckwith, Birdseye, Bowman, Briggs, Brinkerhoff, Buel, Burroughs, Carpenter, Case, Child, Dodge, Fenton, Fish, Hallack, Hees, Hogeboom, Howe, Humphrey, Hunter, Huntington, Hurd, Jansen, Jay, Jones, Kent, Lansing, Lefferts, Munro, Nelson, Pike, Platt, Reeve, Russell, Sage, Sanders, Schenck, Seaman, Seeley, Sheldon, I. Smith, R. Smith, Stagg, Starkweather, Sylvester, Tallmadge, Ten Eyck, Townley, Tuttle, Van Fleet, Van Ness, Van Vechten, Ward, A. Webster, E. Webster, E. Williams, N. Williams--59.

The vote being equally divided, the chairman, (Mr. Radcliff,) gave the casting vote in the affirmative.

CHIEF JUSTICE SPENCER called the attention of the Convention to the amendment which he had proposed on the 10th inst. It was then adopted, but as few had voted on the question, and as some gentlemen wished that vote reconsidered, for the purpose of giving it further attention, he had no objection.

On motion of Mr. Van Buren, the Convention thereupon voted to reconsider. The amendment was read in the words following:

The returns of every election for a governor and lieutenant-governor, or lieutenant-governor only, shall be sealed up and transmitted to the secretary of state, by the clerks of the several counties, directed to the lieutenant-governor, or president of the senate. The secretary of state shall, on the first day of the succeed. ing session of the legislature, deliver the said returns to the lieutenant-governor, or president of the senate, who shall open and publish the same, in the presence of the senate and assembly, in joint meeting. The person having the highest num ber of votes for governor, shall be governor; and the person having the highest number of votes for lieutenant-governor, shall be lieutenant-governor: but if two, or more, shall be equal, and highest in votes, for governor, one of them shall be chosen by joint ballot of both houses of the legislature; and if two, or more, shall be equal, and highest in votes, for lieutenant-governor, one of them shall, in like manner, be chosen lieutenant-governor. Contested elections, for governor or lieutenant-governor, shall be determined by both houses of the legislature, in such manner as shall be prescribed by law.

The Chief Justice spoke some time in favour of the adoption of the amendment. He contended that it was not a new proposition, as the same provision exists in the constitution of the United States, and in the constitutions of several of the states, which he enumerated. He endeavoured to show the impropriety of entrusting the canvassing of votes to executive officers, who have no discretionary powers, and alluded to several instances to illustrate his argument.—Among them, he spoke of the loss of votes at the last governor's election, and at the late congressional clection in the first district, in consequence of their being mis-spelt. He also mentioned the Otsego votes for governor, which were burnt many years ago.

MR. KING made some remarks in reply, which the reporter could not hear. Some considerable debate ensued, in which Messrs. Spencer, Van Buren, Edwards, and Root participated.

GEN. ROOT proposed to divide the question, by taking it first on all that part preceding and including the words "shall be lieutenant-governor." This part he hoped would be negatived; and as for the remainder he would vote for it.

MR. BRIGGS proposed an amendment, so as to require a majority of the whole number of votes to make an election. Declared to be out of order, and the motion was withdrawn.

MR. P. R. LIVINGSTON Spoke some time against the amendment; when The question being taken on the first part of the amendment, as proposed by Mr. Root, it was lost.

MR. EDWARDS then moved a substitute for the remaining part of the amendment, directing the contested elections for governor and lieutenant-governor, shall be decided in a manner to be provided for by the legislature.

CHIEF JUSTICE SPENCER could in no way assent to this proposition, as it did not meet the object he had in view.

A long and desultory debate ensued, in which Messrs. Van Buren, Spencer, P. R. Livingston, King, Yates, Russell, Kent, I. Sutherland, and Root, were respectively engaged. Various modifications were suggested; but the result was, that the whole amendment, as proposed by Mr. Spencer, was lost, and nothing was substituted in its place. The vote stood as follows:

NOES-Messrs. Briggs, Brooks, Buel, Burroughs, Case, Collins, Cramer, Day, Dodge, Dubois, Duer, Dyckman, Eastwood, Edwards, Fenton, Frost, Hallock, Hogeboom, Howe, Humphrey, Hunter, Hurd, Jansen, Knowles, Lawrence, A. Livingston, P. R. Livingston, Munro, Moore, Nelson, Pike, Porter, President, Price, Pumpelly, Reeve, Richards, Rockwell, Rosebrugh, Ross, Russell, Sage, Schenck, Sceley, Sharpe, Sheldon, R. Smith, Steele, D. Southerland, I. Sutherland, Swift, Tallmadge, Ten Eyck, Townsend, Townley, Tripp, Tuttle, Van Horne, Verbryck, A. Webster, E. Webster, Woodward, Wooster, Yates-64.

AYES-Messrs. Bacon, Baker, Barlow, Beckwith, Birdseye, Bowman, Breese, Brinkerhoff, Carpenter, Carver. Child, D. Clark, R. Clarke, Clyde, Fairlie, Ferris, Fish, Hees, Hunt, Hunting, Huntington, Jay, Jones, Kent, King, Lansing, Lefferts, M'Call, Park, Paulding, Pitcher, Platt, Rhinelander, Rogers, Root, Rose, Sanders, N. Sanford, R. Sanford, Seaman, I. Smith, Spencer, Stagg, Starkweather, Sylvester, Taylor, Van Buren, Van Fleet, Van Ness, S. Van Rensselaer, Van Vechten, Ward, Wendover, Wheaton, E. Williams, N. Williams, Woods-57.

GEN. ROOT, then called the attention of the Convention to the subject of fixing the provision as to the term of service for which the governor should be elected. He moved to strike out from the report of the committee the words two years and insert the words one year.

MR. FAIRLIE moved to fill the blank with three years.

MR. WENDOVER wished to retain the words two years.

GEN. ROOT said, a number of propositions had been made, viz. to fill it up with one year, with two years, and with three years. He presumed, therefore, that the range of time would be from one to three years, inclusive. That the blank ought to be filled with one, he had no question.

It is a principle, said he, in republican governments, that elections should be frequent, for the purpose of insuring the people against improper execution of the trust reposed in their public functionaries. Republican governments are no better than monarchical, only, that the public agents are responsible to the people, and are frequently brought under their review, for the approbation or disapprobation of their respective duties. If our government is preferable to an aristocracy, or monarchy, it is on account of our frequent elections, by which the people have some security, that their agents will be faithful and act in conformity to their will. The longer the term of service, the further are they removed from the people, and the less they feel their responsibility to them. Give them a long term of service, and there is nothing but their honour, and a sense of their respective stations, to govern their conduct, except the dictates of morality and religion. They would be equally bound to have the good of the people in view, in a monarchial government.

The law of power will permit any individual to exercise that power to illimitable extent, unless restrained. It has been shewn, and proved by experience, that the most powerful restraint is a responsibility to the people by frequent elections.

The objections that will be urged to an annual election, unquestionably will be, that they will cause too much and too frequent agitation in the community. You will permit me to ask you, whether, if this argument is entitled to any regard, it should not be extended to a longer time than three years. If it is to avoid agitation and confusion, that you are to fix it at three years, why not extend it to seven or ten years, and then for life, in imitation of the French republic. In my judgment, this is fallacious reasoning, to suppose that these triennial elections would cause more ferment, than one annual election. Look

at other states-Pennsylvania and New-York elect triennially, and where is there as much ferment in any other state? In the eastern states, where they elect annually, they have not half the ferment that we have in this state.

Has this state been more agitated by party than other states? No, it has been the excresences of party, that have split her up more than other states; and it may, probably, be imputed to our triennial elections. But the two great parties which have existed for almost half a century, have gone as great lengths in other states as in ours. In Massachusetts they have raged to greater excess than we ever did in this state, and during the war with greater violence than they ever dared to here. It was not to see who should be governor, but to see who should prevail, the peace, or the war party.

There must be some ferment at an election, and we have a right to expect it, if it was only to elect a constable. Having elections annually, the public mind will not be half so much enraged, as to have them triennially. I do not believe that at these annual elections there would be half as many lies told, or that they would be half so stoutly told. More faction would generate in one triennial election than in three annual. It is in the moral world, as in the physical-let Vesuvius groan for years under the influence of her internal heat, what would be the cruption? The consequences have been witnessed, under such circumstances, by her lava overwhelming cities and villages; and carrying terror and dismay in every direction.

When the eruptions are frequent, they carry no terror or alarm; and sometimes they are beneficial, by fertilizing the state: So with your political eruptions--they add vigour to your body politic without destroying it—so party heat is beneficial, if not kindled into a blaze, but permitted, like a gentle fire, to dispense its worming influence. Is it desirable that these embers should be smoking and kindling for three years, and then break out into a devouring flame?

It appears to me to be sound policy, to have an election annually. Sometimes an election to office may be effected by surreptitious measures, and when effected, there could be no relief till the expiration of the three years; but if the election was annual, at the end of a year the people could come forward, and by their ballot boxes show that they had been deceived. If it is extended to three years, the electors will be in a great measure changed, some will have gone to foreign states, others to the tomb; and new ones will have arisen, who will not feel that indignity due to their deceivers.

I move that the blank be filled with one year.

MR. CRAMER. I must in duty to myself express my sentiments upon this subject. It is time for us to consider what powers we have given, and mean to give, to the governor, and for what purposes. He has the powers of veto, of pardon, and will probably have others of appointment. I have voted for the first two, not to give him power to protect himself, the judiciary, nor of any man in authority, nor for the sake of providing for hungry expectants of office; but to be excrcised for the benefit of the people. I have not delegated this power, for the purposes of indulging the sympathies of his heart, or of rewarding contractors; but to protect the citizens against midnight murder, and the torch of the incendiary. I am willing to delegate the appointing power to him, not to reward sycophants and flatterers; but for the purpose of appointing to office men of talents and integrity, who will discharge their duty with a single eye to the public good.

I lay it down as a maxim, that as you increase power, you increase accountability. Let us render him accountable to the people, and frequently. Is this bility. assembly less likely to act discreetly and wisely, because the people have a revision over us? No, sir; I rejoice at it-it will prevent many bad amendments-it will teach us to leave untouched that which the people have not complained of. Settle with your governor often-short accounts make long friendsbut leave him in power two, four, or seven years, and both crimes and virtues are difficult to be tested. Frequency of election influences the habits and understandings of the people in a variety of ways. It enables them to discharge their duty with the same deliberation with which they discharge the ordinary business of life; and it renders them less liable to the intrigues and misrepresentations of artful and designing men. Office is the mirror in which men are