pose, the business should be brought up in such a manner as is best calculated to divest it of every thing like personal character, or particular and personal views. It was, therefore, his intention to propose, that a committee be appointed for the purpose of devising the manner in which it was expedient to take up the business of the Convention. Not that the committee should report amendments, but that they should point out such parts of the constitution, as, in their opinion, require amendment and alteration; in order that these subjects, thus brought before the Convention, for their consideration, might be classified and referred to different select committees, to examine and report in what manner, and to what extent, such alterations shall be made; such reports to be subject to the alterations and amendments which the Convention may make. In this way, MR. KING believed that nothing of a personal character would intervene to disturb the harmony and good temper of the Convention; that no gentleman would feel compromised by preconceived or premature opinions, nor subject to prejudice, in favour or against, any of those important matters that would thus come before them. Emanating from a numerous committee, they would not be likely to excite jealousies, nor to meet personal opposition: but would, in his opinion, lead the Convention to such a calm, temperate and wise deliberation upon the matter before them, as the nature of the subject required. I would respectfully suggest, said Mr. King, although I fully concur in the fitness and expediency of calling this Convention; and although I am fully of the opinion that the change of circumstances and political relations in our country have imperiously required the interposition of the people to revise the constitution that governs them; my hope, that the Convention may proceed with great caution and moderation. It is due to ourselves, it is due to our constituents, and to our country, that we deliberate with a moderation and firmness that shall be decisive, both in its character and in its purpose; that shall inspire our constituents with confidence in the prudence of this body, and prepare the public mind for the impartial examination of the amendments which may be proposed. In this country, no man doubts, no one fears that the great principles of liberty which lie at the foundation of our free Constitutions, are insufficient for the preservation of our freedom. These considerations forcibly urge the observance of moderation, of mutual confidence, and the most exemplary prudence in our proceedings. But these great principles of free government, which arise from, and can only be sustained by, the intelligence and virtue of the people, are not only denied by the great nations of the old world, but a contrary and most slavish doctrine is proclaimed and enforced by them-a doctrine which falsely assumes, that a select portion of mankind only are set apart by Providence, and made solely responsible for the government of mankind. In contradiction to this theory, it is our bounden duty to make it manifest to all men, that a free people are capable of self-government; that they can make, and abate, and remake their constitution; and, at all times, that our public liberties, when impaired, may be renovated, without destroying those securities which education and manners, our laws and constitutions have provided. MR. KING thereupon moved, That a committee be appointed to consider and report the manner in which it will be expedient to take up the business of this Convention. The question being put, it was carried unanimously. MR. FAIRLIE moved that the committee be appointed by ballot, and the president assented to the propriety of taking this course, as he had not a list of the members before him, with the counties from whence they came. MR. KING moved that the Convention adjourn, as the choice of the commit tee should not be made hastily. MR. FAIRLIE had no idea of going into the choice of a committee now. If his motion to appoint the committee by ballot should prevail, he should wish the choice might be made to-morrow morning. MR. SHARPE, thought the Convention should adjourn. No gentleman, not Even the President, could, at the moment, and without reflection, select thirteen suitable men for this important committee. GEN. ROOT hoped the gentleman from Queens (Mr. King) would withdraw his motion for an adjournment, until the question should be settled as to the manner in which this committee is to be appointed. He wished the question to be taken on the motion of the gentleman from New-York (Mr. Fairlie) and trusted that it would be rejected. It would be difficult, if not impossible, if the committee were chosen by ballot, to have them properly distributed through the state. The scattering votes might occasion the election, for instance, of four or five from the city of New-York. MR. KING withdrew his motion for adjournment; and the question was taken on Mr. Fairlie's motion, which was negatived. MR. YOUNG spoke in favour of reconsidering the resolution appointing a committee of thirteen. He presumed that such a committee was intended merely to designate the heads of the proposed amendments to the constitution. After that committee have reported, their report will be before the Convention. We shall have to deliberate upon it, and adopt, amend, or reject it. While this committee of thirteen are engaged in digesting their report, the Convention will have nothing to do. He would therefore propose a reconsideration of the proceedings in relation to this subject. He thought that such a loss of time might be saved by referring the constitution at once to a committee of the whole. MR. KING opposed the motion, on the ground that it would defeat the very object of the resolution that had just been passed. The object of the motion, which he had had the honour of submitting to the Convention, was, to take away from such propositions as might be made, all imputations of personal character; and that the measures proposed might appear to be, as he trusted they would be, the measures of the house. GEN. ROOT. I hope, sir, the motion of the honourable gentleman from Saratoga (Mr. Young) will prevail; and that the constitution will be referred to a committee of the whole. The object, I presume, in making the committee so numerous, was to embrace within it as much wisdom and experience as possible; there would doubtless be accumulated a greater mass of wisdom in a committee of thirteen, than in an ordinary committee of six or seven; but it would be an ill compliment to suppose, that an equal mass of wisdom would be found even in a committee of thirteen, as in this whole body. I have objections to this committee being instructed to point out what parts of the constitution need amendment. If the committee should be so fortunate, as to agree on the subjects of amendment, their recommendations would then be submitted to the Convention, and the members would in some measure be tramelled by the report. Unavailing would be the efforts of any gentleman to resist such an accumulated force. Sir, it would be delegating to thirteen members the power of pointing out what parts of the constitution want amending. But if the constitution be referred to a committee of the whole, each member may have a proposition to make in the same manner as a committee of thirteen. Each one takes it up, and it is subsequently discussed and acted upon by all; and if this should be done with deliberation, much time may be saved in our future discussions. Should propositions thus submitted pass in committee of the whole, any gentleman would think it unavailing to move an amendment. In my judgment, therefore, the true course will be, to refer the constitution to a committee of the whole. In that way resolutions may be offered by any gentleman, in favour of such amendments, as he may deem proper. If such propositions should be crude and indigested, they might then be referred to select committees. Again: This committee of thirteen might find it difficult to agree among themselves, as to what should, and what should not, be reported, as subjects for amendment. And what are the other members to be about all this time? Peradventure, a week might be spent by this committec, before they would be ready, with all their industry, to submit the result of their labours to the Convention; and in the mean tung those who are not on this committee will have nothing to do. We can all be engaged in committee of the whole, and all profit by the wise suggestions made by gentlemen in favour of their respective propositions. But whilst the thirteen are deliberating, we lose our time, and all the wise sugges tions which might be made, by the individual members of the committee; and in my judgment, it would be throwing away our time very unprofitably; as the report of the committee will not express the sentiments of this Convention. It will be merely an expression of the will of a majority of thirteen, which will probably be seven gentlemen; and these are to govern this whole Convention. Unquestionably, the honourable member, who moved that this committee be appointed, will be one of that number; then, if he and six others should agree on the propositions to be submitted to the Convention for their consideration, I should consider my humble efforts exerted in vain, to resist such a force: I should shrink from the undertaking. I believe that the honorable member from Saratoga moved that the business allotted to this committee of thirteen, be submitted to a committee of the whole. I hope the former resolution may be re considered and amended agreeably to his proposition. The motion to reconsider was lost; and the Convention adjourned. FRIDAY, AUGUST 31, 1821, The Convention was called to order at 11 o'clock. Prayer by the Rev. Mr. LACEY. Minutes read and approved. The President announced the committee of thirteen, as directed by the rese lution of Mr. King, adopted yesterday. They are as follows: Mr. King, of the county of Queens. Mr. Sanford, of the county of New-York. Mr. Tallmadge, of the county of Dutchess. Mr. Kent, of the county of Albany. Mr. Pitcher, of the counties of Washington and Warren, Mr. N. Williams, of the county of Oneida. MR. WHEELER moved an adjournment till 3 o'clock. The committee will probably, be ready to make some report this afternoon. MR. YOUNG thought the committee would be able to report in an hour. Their duty was only to report distinct propositions. He thought they had better adjourn till 12 o'clock, and moved to amend the motion of Mr. Wheeler accordingly. MR. ROOT. Do the gentlemen think that this committee of thirteen members, no two of whom, probably, have ever spoken together upon the subjects to come before them, will be able to report in an hour? I think not. The Convention had better adjourn till 4 o'clock-after dinner. Moved accordingly; and carried. Adjourned. AFTERNOON–4 O'CLOCK. : The President having taken the chair, MR. KING, from the committee appointed to consider and report in what manner it would be expedient to take up the business of this Convention, presented the following resolutions : 1st. Resolved, That so much of the constitution as relates to the legislative de partment, be referred to a committee to take into consideration the expediency of making any, and if any, what alterations therein, and to report such amendments as they may deem expedient. 2d. Resolved, That so much of the constitution as relates to the executive de partment, be referred to a committee to take into consideration the expediency of making any, and if any, what alterations and amendments therein, and to report such amendments as they may deem expedient. 3d. Resolved, That so much of the constitution as relates to the judicial depart. ment, be referred to a committee to take into consideration the expediency of mak ing any, and if any, what alterations or amendments therein, and to report such amendments as they may deem expedient. 4th. Resolved, That so much of the constitution as relates to the council of re vision, be referred to a committee to take into consideration the expediency of making any, and if any, what alterations or amendments therein, and to report such amendments as they may deem expedient. 5th. Resolved, That so much of the constitution as relates to the power of ap. pointment to office, and the tenure thereof, be referred to a committee to take into consideration the expediency of making any, and if any, what alterations or amend ments therein, and to report such amendments as they may deem expedient. 6th. Resolved, That so much of the constitution as relates to the right of suffrage and qualifications of persons to be elected, be referred to a committee to take into consideration the expediency of making any, and if any, what alterations or amend. ments therein, and to report such amendments as they may deem expedient. 7th. Resolved, That so much of the constitution as relates to the rights and pri vileges of the citizens and members of this state, together with the act entitled an act concerning the rights of the citizens of this state, be referred to a committee to take into consideration the expediency of making any, and if any, what alterations and amendments therein, and to report such amendments as they may deem expedient. 8th. Resolved, That all the parts of the constitution not embraced in the preceling resolutions, be referred to a committee to take into consideration the ex. pediency of making any, and if any, what alterations or further provisions therein, and to report such amendments as they may deem expedient. 9th. Resolved, That a committee be appointed to enquire into the expediency of establishing the commencement of the legislative year; also, whether any, and if any, what alterations ought to be made in the term for which any elective officer may be elected. 10th. Resolved, That it be referred to a committee to take into consideration the expediency of making any, and if any, what provisions for future alterations or amendments to the constitution of this state, and to report such amendments as they may deem expedient. The resolutions having been read, Mr. Root moved that the question be takén on the whole at once. CHIEF JUSTICE SPENCER moved that they be read, and the question taken upon them separately; which course was adopted, and the resolutions all passed in the affirmative. GEN. ROOT moved that the several committees consist of seven members. Carried. GEN. ROOT submitted the following resolution. Resolved, That the committee on the legislative department be instructed to inquire into the expediency of providing in the constitution, that no law increasing the pay of members of the legislature, shall take effect till after the expiration of the legislative year in which it shall have been passed. Some little discussion arose upon the manner in which this resolution should be disposed of, and it was finally laid on the table till to-morrow. The Convention then adjourned until 1 o'clock P. M. of to-morrow, in order to give the President time to make a suitable selection of members of the several committees. ... SATURDAY, SEPTEMBER 1, 1821– Prayer by the Rev. Mr. Davis. The Convention was then called to order, at 1 o'clock, and the minutes of yesterday were read and approved. MR. P. R. LIVINGSTON. Before you proceed, Mr. President, to execute the important trust recently imposed on you; that of selecting committees to embrace the different subjects selected for them respectively, I shall offer a resolution, the object of which will be, to augment and increase those committees. When I approach this Convention, I recognize character, wealth, talent, and patriotism. I know, sir, that I am addressing the majesty of democracy in its delegated character; and on all occasions, I shall attach to it that respect, which so dignified an assemblage of citizens will always command. I know that we are about to take into consideration a subject, which has for its aim the public good; and under the auspices of that Being, who directs and presides over the destinies of man, I trust we shall be guided to a course of action, which will have for its object, the interest, honor, happiness, and prosperity of this commonwealth. In the appointment of the committee recommended by my honorable friend from Queens, there was not much importance attached to the resolution; but filled up as these committees have been in point of numbers, there is much importance growing out of it. The Convention have now settled the mode and manner in which we are to proceed in determining the vital principles of the constitution, which are to be submitted to the consideration of this body. Is it not wise to avail ourselves of the talent and ability of this Convention, by increasing the number of these committees? By the introduction of a resolution yesterday, which confines the number of each committee to seven, you now have but seventy members engaged; fifty-six are necessarily to be unemployed until the report of some of these committees shall be presented to this Convention. It is in the chamber, where information is to be had; it is not on the floor of the Convention where talents may be opposed, and eloquence give a wrong direction. There are many men of fine minds, who do not possess floor talents; and by the course which has been adopted we shall be deprived of the benefits of their counsel, of their wisdom and prudence. Is it not better that every member be attached to some one of these committees, where others may avail themselves of his information, or where he may obtain such information as he may need? It will not, nor can it be said, that those committees will be too numerous. I believe that in a sister state they have adopted the wisest course in submitting the constitution to a committee of the whole. You cannot compare the proceedings of this body with ordinary legislative proceedings-the latter, in ninety-nine cases out of a hundred, are local in their nature, while the former have no other boundary than the marginal limits, which terminate the jurisdiction of its power. If this resolution shall prevail, (and there can be no other objection to it than the delay of a single day) we shall then all be employed in the business before us. No man has more regard for the most rigid economy than myself; and I would not procrastinate the proceedings of this body, or expend a single cent of the public money, beyond what is necessary. I believe, sir, the plan proposed by the resolution will not be the means of retarding our progress; but by uni-. ting the wisdom and talents of all the members, the business of the Convention will be expedited. If the number of five be added to each of the committees, it will leave a fraction of six members, who may be disposed of as the importance of particular committees may make it necessary. I therefore, with these views, tenacious of them because impressed upon me by a regard to the public interest, to promote which we are here assembled, offer the following resolution : Resolved, That the respective committees appointed to report on the several parts of the constitution referred to them, be augmented, and that the number of five be added to each committee. This resolution was subsequently modified, so that six should be added to the first five committees, and five to the remaining ones, which would embrace all the members. |