freeholder, who shall be a native born citizen of the United States, and who shall have resided in this state five years next and immediately preceding his election, unless he shall have been absent on public business of the United States, or of this state, and who shall have attained the age of thirty years, shall be, by ballot, elected governor; which election shall always be held at the times and places of choosing representatives in assembly, for each respective county; and the person having the greatest number of votes within the state, shall be governor thereof. "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."

"That the governor shall continue in office two years, and shall by virtue of his office be general and commander in chief of all the militia, and admiral of the navy, of this state; that he shall have power to convene the senate and assembly, or the senate only, on extraordinary occasions; and, at his discretion, to grant reprieves and pardons to persons convicted of crimes, other than treason, and in cases of impeachment; in which cases, except that of impeachment, he may suspend the execution of the sentence until it shall be reported to the legislature, at their subsequent meeting; and they will either pardon, or direct the execu tion of the criminal, or grant a further reprieve.

"That it shall be the duty of the governor to inform the legislature, by message, at every session, of the condition of the state, so far as may respect his department; to recommend such matters to their consideration as shall appear to him to concern its good government, welfare, and prosperity; to correspond with the government of other states, and of the United States to transact all necessary business with the officers of government, civil and military; to take care that the laws are faithfully executed to the best of his ability; and to expedite all such measures as may be resolved upon by the legislature.

"That the governor shall, at stated periods, receive for his services a compen. sation, which shall neither be increased nor diminished during the term for which he shall have been elected."

FUTURE AMENDMENTS.

The report of the committee of the whole, on the expediency of making provisions for future alterations or amendments to the constitution of this state, was then read.

GEN. TALLMADGE moved to strike out the word "six," and insert "three," as the term for notifying the proposed amendments. Carried.

The report, as amended, was then passed in the following words:

"And be it further ordained, in the name, and by the authority of the people of this state, That if, at any time hereafter, any specific amendment or amendments to the constitution shall be proposed in the senate or assembly, and agreed to by two-thirds of the members elected to each of the two houses; such proposed amendment or amendments, shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen; and shall be published for three months previous to the time of making such choice; and if in the legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by two-thirds of the senators and members of assembly elected, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people, in such manner, and at such time, as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of assembly voting thereon, they shall become part of the constitution of this state."

THE ELECTIVE FRANCHISE.

The report of the committee of the whole on the right of suffrage, and the qualifications of persons to be elected, was next read by sections.

On motion of MR. BRIGGS, it was decided to divide the section, omitting the proviso.

MR. WHEATON moved to strike out that part of the section, which makes working on the highways a qualification for voting. The question on the amendment was taken by ayes and noes, and decided as follows:

NOES-Messrs. Baker, Barlow, Beckwith, Briggs, Brinkerhoff, Brooks, Burroughs, Carpenter, Carver, Case, Child, D. Clark, R. Clarke, Clyde, Collins, Cramer, Day, Dodge, Dubois, Eastwood, Fenton, Ferris, Fish, Frost, Hallock, Hogeboom, Howe, Humphrey, Hunt, Hunter, Hunting, Huntington, Hurd, Knowles, Lansing, Lefferts, A. Livingston, P. R. Livingston, M'Call, Millikin, Moore, Nelson, Park, Pike, Pitcher, Porter, Price, Pumpelly, Reeve, Richards, Rockwell, Rosebrugh, Ross, Russell, Sage, N. Sanford, Schenck, Seely, Sheldon, Starkweather, I. Sutherland, Swift, Tallmadge, Taylor, Ten Eyck, Townley, Townsend, Tripp, Tuttle, Van Buren, Van Fleet, Van Horne, Van Ness, Verbryck, Ward, E. Webster, E. Williams, N. Williams, Wooster, Young-81.

AYES-Messrs. Bacon, Birdseye, Buel, Edwards, Fairlie, Hees, Jones, Kent, King, Lawrence, Munro, Paulding, Radcliff, Rhinelander, Rogers Rose, Seaman, Sharpe, I. Smith, Spencer, Sylvester, J. R. Van Rensselaer, S. Van Rensselaer, Van Vechten, Wendover, Wheaton, Woods, Woodward-29.

MR. BIRDSEYE moved to strike out the words "or shall be by law exempted from taxation." Lost.

MR. SPENCER moved to strike out the words " within that year,” and to insert the words "for the year next preceding."

Much discussion ensued, in which Messrs. Young, R. Clarke, Briggs, Van Buren, Fairlie, Sharpe and Nelson participated.

MR. SPENCER withdrew his motion, and Mr. Van Buren offered a substitute, which was rejected.

MR. FAIRLIE moved to insert after the word "state," the following clause: "or who shall be excused in consequence of being firemen in the several cities, towns and villages in this state." Carried.

MR. LANSING moved to strike out that part of the section which makes doing military duty a qualification for voting.

A long debate ensued, in which Messrs. Lansing, Sharpe, E. Williams, I. Sutherland, Eastwood, Van Buren, and Tallmadge took part, when the question on Mr. Lansing's motion was taken, by ayes and noes, and decided in the negative, as follows:

NOES-Messrs. Barlow, Beckwith, Breese, Briggs, Brooks, Buel, Burroughs, Carver, Case, Child, D. Clark, R. Clarke, Collins, Cramer, Day, Dodge, Dubois, Eastwood, Edwards, Fairlie, Fenton, Ferris, Frost, Hallock, Hogeboom, Howe, Humphrey, Hunt, Hunter, Hunting, Huntington, Hurd, Knowles, Lawrence, Lefferts, A. Livingston, P. R. Livingston, M'Call, Millikin, Munro, Nelson, Park, Pike, Pitcher, Porter, Price, Pumpelly, Radcliff, Reeve, Richards, Rockwell, Root, Rosebrugh, Ross, Russell, Sage, N. Sanford, Schenck, Seely, Sharpe, Sheldon, I. Smith, Starkweather, Steele, I. Sutherland, Swift, Tallmadge, Taylor, Ten Eyck, Townley, Townsend, Tripp, Tuttle, Van Buren, Van Fleet, Van Ness, Verbryck, Ward, E. Webster, Wendover, E. Williams, N. Williams, Wooster, Young-84.

AYES-Messrs. Bacon, Birdseye, Duer, Fish, Hees, Jones, Kent, King, Lansing, Paulding, Rhinelander, Rogers, Rose, R. Smith, Spencer, Sylvester, Van Horne, J. R. Van Rensselaer, Van Vechten, Woods, Woodworth-21.

MR. E. WILLIAMS then moved to strike out all that part of the section, which makes doing military duty and working on the highway qualifications for voting.

MR. PRESIDENT decided that the motion was not in order, as those clauses had both passed in Convention.

MR. KING offered the following proposition, to be inserted in lieu of the first paragraph of the first section.

"That every male citizen of full age, who shall have personally resided within one of the counties of this state for six months immediately preceding the day of

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, Rosebrugh, 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, Buel, Duer, Edwards, Hunter, Huntington, Kent, Munro, Ross, Spencer, I. Sutherland, Sylvester, Van Horne, Van Ness, J. R. Van Rensselaer, Ward, Wheaton, E. Williams, Woodward.-20. MR. BIRDSEYE moved to strike out the words, "in consequence of being firemen," 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 question was taken thereon, the Convention, on motion of Mn. 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, inasmuch as the firemen would generally come within the scope of the other qualifications, 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 the ground 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, ISmith, 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, Seaman, Spencer, Stagg, I. Sutherland, Sylvester, Van Horne, Van Ness, J. R. Van Rensselaer, S. Van Rensselaer, Van Vechten, Wheaton, E. Williams, 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, Dodge, Dubois, Duer, Eastwood, Ferris, Frost, Hallock, Howe, Humphrey, 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, Hees, 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.