guard, in my judgment, to prevent the repetition of these disgraceful scenes. [Here Mr. R. was called to order by Mr. Spencer, who was of opinion that it was not in order to enter into the merits of the proposition. The President decided that it was in order, and permitted Mr. R. to proceed.] Mr. R. proceeded to remark, that his proposition either had merits, or it had none, and he was desirous that in either case, it should be determined by the Convention; and if it did possess merits, let it be laid before the committee for their consideration; and after their report, if it should pass by a majority of the Convention, let it be engrafted into the constitution. If the members of this Convention are of opinion that it possesses merits, they will vote in the affirmative; if not, they will vote in the negative; I therefore wish that a distinct vote be taken.

MR. J. SUTHERLAND supported the resolution. The subject of it was important, and he could perceive no impropriety in instructing a committee on that particular point. It might be doubtful, which of the several committees should take cognizance of it; and between them, it might be overlooked and neglected by all. Gentlemen appeared to concur in the propriety of introducing such a provision into the constitution; and as it was deemed a matter of some importance, he was unable to see the indecorum of instructing a committee to attend to it. He therefore hoped the resolution might be adopted, and that the subject of it might be specially referred to the committee on the legislative department.

MR. DUER, again rose, and spoke at some length in reply to the gentleman from Delaware. He acknowledged that great deference was due to the legislative and parliamentary experience of that honourable member; but he regretted to witness on this occasion his determination to persist in a course so obviously injudicious. For what, he asked, had ten committees been appointed, and the several parts of the constitution specially referred to them, if distinct propositions and individual views were thus to be submitted by resolution? It appeared to him to be in direct contravention of the mode of proceeding which had been agreed on. Adopt this proposition, and a multitude of other projects not ridiculous and disgraceful (for he disclaimed having used such epithets) but injudicious and inexpedient, might follow; and thus would the duties of the committees be superseded, and the business of the Convention be retarded. He had seen no reasons for altering the opinions he had already expressed, and hoped the resolution would lie on the table.

Here the President expressed some doubts whether it was parliamentary to instruct select committees by resolution; and solicited the opinion of some gentlemen on the subject.

MR. KING, believed it was strictly parliamentary to give instructions to any committee by resolution. Whatever might be thought of the expediency of the resolution, he did not doubt, but the convention was competent to give the instructions which it urged.

GEN. ROOT, again spoke in reply to the gentleman from Orange. The object of that honorable member appeared to be to get rid of the subject, to which the resolution referred-else what objection could he have to its adoption? The motion that it lie on the table, he considered tantamount to an indefinite postponement, or to a rejection. It would lie on the table, and be called up day after day, till it had become an old story, and that would be the last we should hear of it. He had supposed, that some members would wish for the privilege of offering resolutions, and of having them entered upon the journal, for the purpose of letting their constituents know what they were about, and whether they had faithfully complied with the mandates they had received before leaving home. He concluded with saying, that if the resolution was ordered to lie on the table, he should, if his life and health were spared, again call it up on Monday.

MR. EDWARDS Spoke at considerable length against the adoption of the resolution. He entertained no doubts of the competency of the convention to instruct its committees on any points; and he fully agreed to the expediency of such a provision, as the resolution proposed. But where, he asked, was the necessity of instructing the committee on this particular point, more than on any other, and to what would such a precedent lead? Other propositions

would in like manner be submitted by other individuals; and by voting for their adoption or rejection, members would in some measure commit themselves before the subjects were fairly discussed. For his part he wished to hold his judgment in reserve, to maintain a consistency of conduct, and not vote one day for an amendment, on which he might, after mature deliberation, the next day, find reasons to change his opinion. What possible good could result from pursuing such a course? Project after project would be offered, till the convention would be distracted and confused by a multiplicity of individual schemes. He was decidedly opposed to erecting any barriers to perfect freedom of discussion; but he was unable to perceive, that the rejection of this resolution would have such an effect. The debates on the reports of the committees would afford ample room for any amendments, and any new propositions. The principal argument which had been urged in favour of submitting individual views for the consideration of the Convention, appeared to be, that our constituents might know what we were doing, and that they might be satisfied their mandates were obeyed. For his part, he should content himself with a faithful and conscientious discharge of his duty; and doubted not but such a course would meet the approbation of his constituents. He said that this discussion was calculated to produce irritation of feeling which he should regret to see excited. He hoped the gentleman from Orange would withdraw his motion, that the resolution lie on the table, in order that the question might be taken on its merits.

MR. DUER withdrew his motion, and then moved that the resolution be indefinitely postponed.

MR. FAIRLIE thought it might at least be permitted to lie on the table. He could see no impropriety in granting such an indulgence. It might afford some satisfaction to have it die gradually, and be hanged with a silken cord.

GEN. ROOT rose again and vindicated his resolution. In the opposition to its passage, he could discover hostility to the proposition it contained. He hoped when the question was taken, it would be taken on the merits, and not on postponement. It was his misfortune not to be convinced by the cogent arguments of the gentleman from Orange, and other gentlemen who had spoken on the same side; and instead of acquiescing in their opinions, he called for the yeas and nays.

MR. MUNRO Spoke against the passage of the resolution, but in so low a tone of voice that all he said could not be distinctly heard by the reporter. He wished the resolution might lie on the table, till the committee on the legislative department had reported, and that it might then be called up, if the subject to which it related should be neglected in the report.

COL. YOUNG was in favour of rejecting the resolution at once. He believed it to be wholly unnecessary in this stage of the proceedings, and he was ready to give his vote for mdefinite postponement, or any other mode of getting rid of it. Its adoption would establish a bad precedent. A committee had been appointed, within whose sphere the subject of the resolution would fall; and he was decidedly opposed to any interference, till the report had been heard. There would be time enough after that, to introduce amendments.

MR. VAN HORNE moved to adjourn. His object was to give the members till Monday to reflect on the subject. Motion put and lost.

It was then moved that the resolution be postponed till after the committee whom it proposed to instruct had reported.

GEN. ROOT said, that the motion for indefinite postponement was the same as a motion for a rejection; if the gentleman wished to have it indefinitely postponed, it must have been, because there was something hateful in it, in his view. It could not be considered in any other light. How can that honourable gentleman reconcile it to his feelings, to vote for this proposition at a future period, after having been instrumental in turning it out of doors, as unworthy of being considered one of the family of propositions submitted to this honourable body. Sir, I regret that the honourable gentleman has not paid more attention to the course of parliamentary proceedings adopted in the congress of the United States, and in our state legislature. In the house of representatives of the Unit

ed States, a standing committee, or a committee on any portion of the president's message, is frequently called on by resolution, directing them to turn their attention to a particular point in relation to the subject before them. Several of the gentlemen in this body have been members of the house of representatives, and I appeal to them as to the correctness of my assertions. I really have a desire, that the ayes and noes be taken, that we may see whether this proposition is to be turned out of doors, for the sake of calling it in again.

MR. BRIGGS made a few remarks on the subject, and announced his intention to vote against the resolution. It was in his view wholly unnecessary, and could not be considered in any other light, than as a useless interference with the duties of the committee.

The question was then taken on postponing the resolution, until after the committee had reported, and decided in the affirmative, without a division. Adjourned to Monday, at 11 o'clock.

MONDAY, SEPTEMBER 3, 1821.

Prayer by the Rev. Mr. LACEY. The Convention was called to order at 17 'clock, and the minutes of Saturday read.

The President remarked, that before the vote on approving of the minutes was taken, he begged leave to rectify an error; which occurred in the proceedings of Saturday. A resolution was postponed, till after a committee had reported. It was contrary to parliamentary usage, to postpone to any contingent future event-the postponement must be either indefinite, or to some fixed time. The decision of the Convention therefore. would properly have been, that the resolution lie on the table.

MR. SHARPE remarked, that the secretaries were sometimes at a loss what motions ought to be entered on the minutes. Motions were often made, which were not acted on; and it appeared to him unnecessary that these should be recorded. He therefore wished, that it might be considered a settled practice that no motion was to be entered on the minutes, except such as were acted on by the Convention.

After these remarks, the minutes were approved.

GEN. TALLMADGE, chairman of the fourth standing committee, to whom was referred the resolution relative to the council of revision, asked leave to report. Before the report was read, he wished to remark, that the committeehad not gone into any explanation of the reasons, which influenced them in making the report. He stated that the committee were aware, that they de-parted from parliamentary usage by submitting a report without accompanying it with their reasons. They had omitted to do this, because, in their opinion, the convention might be induced to adopt the amendment, for different views from those assigned by the committee. The reports of committees would remain of record, and might hereafter be used to give a false and imperfect construction to the proceedings of the Convention. The committee had therefore adopted this as the most proper course, and they hoped it would be considered by the other committees as a precedent. The report was then read by the secretary, as follows:

The committee to whom was referred so much of the constitution as relates to the council of revision, and to take into consideration the expediency of making any, and if any, what alterations and amendments therein, and report thereon; having considered the duty assigned them, respectfully report:

That in their opinion it is expedient and proper to abolish the third article of the constitution of this state, and to introduce in place thereof the following amendment. The committee, therefore, respectfully submit to the consideration of this convention, the following resolution and amendment:

Resolved, That the third article of the constitution of this state be, and the same is hereby abolished.

AMENDMENT PROPOSED.

This convention, in the name and by the authority of the people of this state, doth ordain, determine, and declare, that every bill which shall have passed the house of assembly, and the senate, shall, before it become a law, be presented to the governor; if he approve, he shall sign it; but if not, he shall return it with his objections to that house in which it shall have originated; who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of the members present, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of persons voting for and against the bill, shall be entered on the journal of each house respectively.

If any bill shall not be returned by the governor within ten days (Sunday excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislature by the adjournment prevent its return, in which case it shall be a law, unless returned on the first day of the next meeting, af er the expiration of the said ten days.

GEN. TALLMADGE, moved, that the report be made the order of the day for to-morrow, and that the usual number of copies be printed for the use of the members.

CHIEF JUSTICE SPENCER inquired what would be considered the usual number? He believed no precise number had been agreed on; and if not, he moved two hundred should hereafter be considered the usual number. Carried.

MR. FAIRLIE thought two hundred would not be sufficient, and moved a reconsideration of the vote, and that four hundred be considered the usual number. Lost. He then moved that three hundred be the number. Carried.

CHIEF JUSTICE SPENCER remarked, that in most cases he thought one day was not sufficient time for deliberation, before acting on the reports, especially as they would not be printed in season for the use of the members. In the present case, however, he had no particular objection that the report just read should be made the order of the day for to-morrow, although he would not wish to have it established as a precedent.

GEN. TALLMADGE's motion was then agreed to. MR. FAIRLIE moved an adjournment. The committees would be engaged, and there would, probably, be no other business before the Convention to-day. COL. YOUNG wished the motion might be suspended for a moment; and moved that the journal of proceedings be printed in an octavo form, as being more convenient. Carried, and the secretary was directed to see that the order be complied with. Adjourned.

TUESDAY, SEPTEMBER 4, 1821.

Prayer by the Rev. Mr. MAYER. The President then took his seat, and the minutes of yesterday were read and approved.

MR. SKARPE moved that the Convention resolve itself into a committee of the whole on the report of the committee relative to abolishing the Council of Revision. Mr. Root wished the motion suspended a moment, while he could present a report. To this Mr. Sharpe assented; and

GEN. ROOT, from the committee appointed on that part of the constitution which relates to the legislative year, asked leave to report by resolution, which was granted. The following report was then presented.

Resolved, That the following amendments ought to be made to the constitution of this state, to wit:

And be it further ordained by the people of this state, that the general election for governor, lieutenant-governor, senators and members of assembly, shall be held

at such a time in the month of October or November, as the legislature shall di rect; and the persons so elected shall on the first day of January following, be entitled to the exercise of their respective functions in virtue of such election.

The governor and lieutenant-governor shall be elected annually, and the sena tors for three years.

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

GEN. TALLMADGE moved that it be made the special order of the day for to

morrow.

MR. SHARPE Could see no necessity of making this report the special business of to-morrow. Perhaps we shall not get through with the subject which has been made the special order for to-day.

MR. CRAMER also opposed the motion.

MR. HOGEBOOMм thought the reports from the select committees ought to be taken up in the order in which they shall be presented to the Convention.

GEN. TALLMADGE wished some regular order should be established. He wished a regular calender of the business should be made; and by taking this course, when a call for the order of the day is made, we can take it up, or not, as may be expedient.

MR. CRAMER thought that the report ought not to be made a special order, until they could have time to examine, and see the substance of it.

CHIEF JUSTICE SPENCER saw no necessity of making this report the order for to-morrow, or any other particular day, and wished that it should merely be referred to the committee of the whole, without limiting the time. There ought not to be a preference to any particular report, as in that way we shall fetter ourselves.

The motion for making the report the special order, was lost-only fourteen members rising in its favour.

MR. HOGEBOOM still hoped that the Convention would take up the business before it, in the order in which it would be presented for consideration by the respective committees, and made a motion to that effect.

MR. SHARPE was opposed to the motion. He hoped it would not be secondcd. Should such a course be adopted, the convention would soon see the bad consequences resulting from it.

THE COUNCIL OF REVISION.

On motion of GEN. TALLMADGE, the Convention then resolved itself into a committee of the whole on the report of the committee presented yesterday for abolishing the third article of the constitution, (which provides for the council of revision,) and the amendment for placing a qualified veto in the hands of the governor-Mr. Huntington in the chair.

The report of the committee having been read,

CHIEF JUSTICE SPENCER called for the reading of the third article of the constitution, now proposed to be abolished, which was read accordingly in the words following:

§ 3. And whereas laws inconsistent with the spirit of this constitution, or with the public good, may be hastily and unadvisedly passed: be it ordained, that the governor for the time being, the chancellor, and the judges of the supreme court, or any two of them, together with the governor, shall be, and hereby are, constituted a council to revise all bills about to he passed into laws by the legislature. And for that purpose shall assemble themselves, from time to time, when the legislature shall be convened; for which, nevertheless, they shall not receive any salary or consideration under any pretence whatever. And that all bills which have passed the senate or assembly shall, before they become laws, be presented to the said council, for their revisal and consideration; and if upon such revision and consideration, it should appear improper to the said council, or a majority of them, that the said bill should become a law of this state, that they return the same, together with their objections thereto in writing, to the senate or house of