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GEN. Roor thereupon moved that the Convention proceed to the election of a President, and that two persons be appointed as Tellers to count the votes. The motion was adopted, and Messrs. Birdseye and Sharpe were appointed Tellers.

The votes having been received and counted, were declared to stand as folJows:

Daniel D. Tompkins,

Rufus King,

Stephen Van Rensselaer,

Ambrose Spencer,







GEN. ROOT and CHANCELLOR KENT were then designated as a committee to conduct the President elect to the chair; which being done, he rose and addressed the Convention as follows:


"Permit me to express to you my thanks for the testimony of your confidence at the present time, in selecting me to preside over your deliberations. Be assured, gentlemen, that I fully appreciate the honour you have conferred. In accepting the trust you have reposed in me, I have only to remark, that you may rely upon the exertion of my best ability to perform it with all that fidelity and impartiality of which the circumstances will be susceptible, and with all that delicacy to your respective feelings and opinions, that is consistent with the proper regulation of his honourable body."

On motion of MR. KOOT, the Convention then proceeded to the election of two Secretaries by ballot. The ballots having been received and counted, JOHN F. BACON, Esq. of the city of Albany, and SAMUEL S. GARDNER, Esq. of the city of New-York, were declared to be duly elected.

On motion of MR. FAIRLIE, it was ordered, that a committee of five be appointed to prepare rules and regulations for the government of the proceedings of the Convention. Messrs. Fairlie, Spencer, (Chief Justice) Sharpe, Munro, and N. Williams, were appointed said committee.

On motion of GEN. ROOT, the Convention next proceeded to the choice of a Sergeant at Arms. The votes being taken and counted, HENRY FRYER, was declared to be elected.

On motion of Gen. S. Van RENSSELAER, the Secretaries were directed to wait on the clergy of this city, and procure one of them on each morning, te open the sittings of the Convention with prayer.

And then the Convention adjourned until to-morrow morning at 11 o'clock.


Prayer by the Rev. DR. CHESTER. The President took the chair at 11 o'clock, and the minutes of yesterday were read and approved.

MR. FAIRLIE from the committee appointed yesterday to prepare rules and regulations for the government of the proceedings of the Convention, reported in part.

Chief Justice SPENCER moved that the report be read and considered by paragraphs. Adopted.

By the first rule, as reported, it was provided that after calling the Convention to order in the morning," the names of the members be called."

COL. YOUNG moved to strike out these words, upon the ground that it was unnecessary, and would occupy considerable time. After a few remarks from the mover, the Chief Justice, Mr. Van Buren, and Gen. Root, the motion was adopted.

Some discussion arose upon the 18th rule as reported, which prohibited any member from speaking more than twice upon any question, when in committee of the whole. A few brief remarks were made by Col. Young, the Chief Justice, Gen. Tallmadge, Gen. Root, and Messrs. Van Buren and Fairlie; and it was agreed to make an exception in the 20th rule, so as to allow an unlimited freedom of debate in committee of the whole. Some other trifling amendments were made, and the report of the committee was adopted as follows:


I. Upon the appearance of a quorum, the President shall take the chair, and the Convention shall be called to order.

2. The minutes of the preceding day shall then be read, at which time, mistakes, if any, shall be corrected.

3. The President shall preserve order and decorum, and shall decide questions of order, subject to an appeal to the Convention; he shall have the right to nominate any member to perform the duties of the chair; but such substitution shall not extend beyond an adjournment.

4. All motions and addresses shall be made to the President-the member rising from his seat.

5. No motion shall be debated or put, unless the same shall be seconded; when a motion is seconded, it shall be stated by the President, before debate: and every motion shall be reduced to writing, on the request of the President, or any member.

6. On any questions taken, the yeas and nays shall be entered, if requested by ten members.

7. If two or more members shall rise at once, the President shall name the member who is first to speak.

8. That no interruption shall be suffered while a member is speaking, but by a call to order, by the President, or by a member, through the President, when the member called to order shall immediately sit down, until permitted by the President to proceed.

9. While the President is putting the question, no member shall walk out of, or across the house, nor when a member is speaking, shall any member be engaged in conversation, or pass between him and the chair.

10. That no member be referred to by name in any debate.

11. That any member, making a motion, may withdraw it before the question is put thereon, and before amendment made-after which any other member may renew the same motion.

12. All committees shall be nominated by the President, and agreed to by the Convention, unless otherwise ordered by the Convention.

13. That none be admitted within the bar, without permission of the President, except the members of the Convention, and its attendants, the Governor, Lieutenant-Governor, Judges of the Supreme Court, the late Chancellor, the Attorney-General, Comptroller, Treasurer, Secretary, and Surveyor-General. 14. The previous question shall be always in order, and, until decided, shall preclude all amendment and debate of the main question, and shall be in this form, "shall the main question be now put?"

15. All questions shall be put in the order they are moved, except in cases of amendment and filling up blanks, when the amendment last proposed, the highest number and longest time shall be first put.

16. A motion to adjourn shall be always in order, and shall be decided without debate.

17. In forming committees of the whole, the President, before he leaves the chair, shall appoint a chairman.

18. No member shall speak more than twice to the same question, without leave, nor more than once until every member choosing to speak shall have spoken.

19. No motion for reconsideration shall be in order, unless on the same day, or day following that on which the decision proposed to be re-considered took place, nor unless one of the majority shall move such reconsideration: A motion for reconsideration being put, and lost, shall not be renewed, nor shallany subject be a second time reconsidered without the consent of the Cor


20. The preceding rules shall be observed in a committee of the whole, so far as they are applicable, except that part of the 18th rule, which restricts members from speaking more than twice upon the same question.

21. The President may admit such and as many Stenographers within the ba of the bonse as he may deem proper.

[Pursuant to the last mentioned rule, the President assigned seats within the bar, to WILLIAM L. STONE, NATHANIEL H. CARTER, M. T. C. GOULD, LEVI H. CLARKE, and MOSES I. CANTINE, as Stenographers.]

Mr. LIVINGSTON offered a resolution directing the Secretaries of the Convention to employ Messrs. Cantine and Leake, editors of the Albany Argus, to execute the printing for the Convention.

GEN. TALLMADGE moved to strike out the words " Editors of the Albany Argus," and insert" Printers to the State." Carried.

On motion of MR. SHARPE, two hundred copies of the Rules and Orders were ordered to be printed.

GEN. ROOT then offered a resolution appointing Henry Bates, door-keeper to the Convention. Some desultory remarks were made upon the manner in which the choice should be made, whether by resolution or by ballot; and also upon the number of door-keepers and assistants that would be wanted. A motion by Mr. Lansing, that the Convention proceed to elect their door-keepers by ballot, finally prevailed. A ballot was therefore taken, and on being counted, Henry Bates, John Bryan, and Richard Ten Broeck, were declared to be elected.

On motion of MR. FAIRLIE, Lewis Le Couteulx was appointed an additional sergeant at arms.

Mr. SANFORD moved that the usual number of copies of the Constitution of this state, be printed for the use of the members. Adopted.

On motion of GEN. TALLMADGE, five hundred copies of the Journals of the Convention, were ordered to be printed.

On motion of MR. SHARPE, 11 o'clock, A. M. was fixed upon as the hour of meeting, until otherwise directed.

The Convention then adjourned.


Prayer by the Rev. Dr. CUMMING. The Convention was called to order by the President at the appointed hour, and the journal of yesterday was read, and approved.

On motion of MR. VAN VECHTEN,

Resolved, That the privileges of admission within the Bar of this Convention be extended to the former Governors, and Justices of the Supreme Court of Judicature, of this State.

MR. KING rose, and remarked, that it was highly important to proceed correctly and judiciously in the outset of the business of this Convention. Various plans had been suggested for making such amendments as the existing constitution was supposed to require.

In the formation of new constitutions, it had been usual to refer the whole subject to a special committee. But in the revision of existing constitutions, different methods had been adopted.

In some cases, as in the recent instance of Massachusetts, a catalogue of amendments were moved by one individual, and referred by the Convention to several select committees. In others, the whole subject had been referred to one committee. In other instances, different individuals have offered distinct propositions relative to different branches of the subject, which have obtained a similar reference.

The magnitude of an entire proposition might be appalling to a single individual, and, perhaps, excite personal prejudices; and, on the other hand, distinct propositions from different individuals are liable to incongruities and collisions, in the opinions of those who are called to act upon them. Moreover, premature discussions may, in this way, take place, that may commit men at too early a stage of the business.

In this view of the subject, it seems to be expedient to take such a course as will preserve the greatest possible harmony and good feeling and for this pur

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.

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