in preference to a superfluous and unnecessary vote as to the expediency of a Convention. And when we pay a just regard to the voice of the people of this State, as to the question of the propriety of a Convention (a voice which has been so recently and so unanimously expressed by all classes of citizens), the very origin of this Convention may be ascribed emphatically to the demands of the people. "The report on the subject of a Convention, made on the ninth day of January last, contains the history in detail of but two of the three Conventions which have been called within this State. The one of 1777 was authorized by a resolution of the State Congress; that of 1788 was called by a joint resolution of the two houses of the Legislature, and that of 1801 was called by a law which is mostly a transcript of the resolution of 1788. The two former were general in their powers, and the latter restricted. There can be no doubt, as your committee conceive, of the right of the Legislature to recommend a Convention by either method. Insamuch as the proceedings of the Legislature of 1788, relative to the Convention of that year, were not fully noticed in the before mentioned report, your committee have annexed the same hereto. All the precedents of our own State abundantly prove that the Legislature may call a Convention by resolution or by law; that the number of delegates should be the same as the number of members of Assembly under the last preceding State census, and that a majority of the Legislature may call such Convention. "Your committee have framed a bill providing that the election of delegates shall be recommended to take place on the third Tuesday of June next; that the Convention shall assemble at Albany on the last Tuesday of August next; and that the said Convention shall submit their proceedings to the decision of the citizens, at such time and in such manner as they shall direct, which bill the committee have directed their chairman to ask leave to introduce.” Leave being granted, Mr. Ulshoeffer forthwith introduced the bill entitled "An act recommending a Convention of the people of this State," which was read twice and committed to a commit tee of the whole House. The select committee were discharged from the further consideration of the bill "to obtain the authority of the people of this State for the meeting of a Convention to revise the Constitution, and to provide for the election of delegates to such Convention, when authorized to be held," and it was ordered that the said bill be referred to the committee of the whole when on the above bill, "recommending a convention of the people of this State." On the fourteenth (February), after amending the bill, James Burt of Orange, and James M'Kown of Albany, were added to the select committee, to which committee the bill was again referred. On the seventeenth, Mr. Ulshoeffer introduced the bill again into the House, which was twice read and committed to a committee of the whole. On the twenty-third, the House agreed with the committee of the whole in their report on the bill (which had been amended), and on the twenty-sixth the bill passed and was delivered to the Senate, which, on the seventh of March following, passed the same without amendment. On the thirteenth succeeding, the Council of Revision transmitted to the Assembly its sanction of the bill, which sanction, on the fifteenth, was communicated to the Senate. Five days later, viz., on the twentieth of March, William C. Bouck brought into the Senate a bill "To amend the act entitled 'An act recommending a Convention of the people of this State,"" which was read twice and committed to a committee of the whole. On the twenty-eighth the bill passed the Senate and was sent for concurrence to the Assembly, which, on the succeeding third of April, passed it without amendment. On the same day it received the sanction of the Council and consequently became a law. The question as to whether there should be a Convention was submitted to the people at the ensuing April election, and passed upon by them affirmatively. The Convention assembled at Albany on the twenty-eighth of August following, and adjourned on the tenth of the succeeding November. The result of their deliberations was the Constitution of 1821. CHRONOLOGICAL LIST OF BILLS VETOED BY THE COUNCIL. 1778. February 3: PAGE. An act requiring all persons holding offices or places under 201 .... February 20: An act to prevent the exportation of flour, meal and grain 203 March 25: .... An act to regulate elections within this State, .... 208 .... March 25: An act for raising moneys to be applied towards the public March 30: .... ... 212 An act for raising seven hundred men to be employed in November 5: An act for raising a further sum by tax, to be applied 1779. March 14: ... An act for forfeitures and confiscations, and for declaring 214 214 220 1779. September 24: .... .... An act for continuing the powers of the commissioners for October 15: An act to indemnify the sheriff of the county of Ulster October 21: An act to prevent horse -racing and theatrical entertain- PAGE 226 227 228 1780. March 4: An act for the immediate sale of part of the forfeited March 8: An act to facilitate the levying the taxes for supporting the May 12: An act for the more effectual suppression of vice and im- October 5: 229 231 ... 232 An act for the amendment of the law directing the sales October 9: An act for the appointment of a Council to assist in the 1781. March 8: An act more effectually to collect the deficiencies in assess- 233 234 235 |