so large in point of territory as some of our western counties have recently been; and, besides, the state of society, as to habits and good morals, in that state, is such, that they would live very safely for a considerable time with very few written laws, and under any form of government. He would prefer to take the precedent to be found in the constitution of the great state of Pennsylvania, as better adapted to our present purpose in every respect. In that state the election of the executive is once in three years.

But when he spoke of the magnitude of the state of New-York, he did not intend to refer so much to her population and territory-it was her institutions; her great plans and projects of internal improvement, that rendered the structure of the government of so much importance. The greatest talents that we could expect any governor to possess, would not enable him in one year to propose and carry into execution, any plan of great public benefit. His views, however excellent and useful to the state, would be frustrated and rendered of no effect, by a change at the end of a short term. He would not begin any thing of moment; and, if he did, he might not remain in office long enough to mature and bring it to a close. In this way, you will have no improvements going on, worthy of our resources, and you would run the risk of a vascillating, weak, and unstable government. In all the governments of this country. the principle of having a balance of power, seems to be fundamental. This is nothing more than giving the different departments such shape and energy as that they may check and preserve one another. Perhaps the senate may be such as to secure the necessary checks and balances. But at present we know not what it will be. He declared that his principal object now was, to create a pause in the discussion of this important subject, until the plan of the legislative department should come before the Convention.

But, Mr. W. said, he could not but notice at this time, the great alarm which some gentlemen seemed to feel, lest triennial elections should, if continued, prove dangerous to the public tranquillity. This, he said, was a new idea. No such alarm had ever been expressed by the people; and indeed he did not believe that any real ground of apprehension existed. It the executive was clothed with any thing like adequate powers, the importance of the office in this state would always excite considerable effervescence, even at annual elections. This evil, he feared, was never to be avoided. He hoped gentlemen would not suffer themselves to be wrought upon by feeling, which, he feared, from what he saw would be the case with some. The subject ought to be discussed with calmness. He concluded by seriously requesting gentlemen to consider, whether it would not be advisable to postpone this subject for the present; and to effect this object he made a inotion for the committee to rise and report.

MR. I. SUTHERLAND. Accountability is the essence of government : no one questions such a self-evident proposition. The question is, how far you may trust, and for how long. The uniform practice of this country has been, to renew the popular branch, at least annually. The higher branch exists for different terms in different states. The governor, in the same way, in the various states, is elected for various terms, one, two, three, and four years. It is conceded that these various departments must exist, and that each must have its separate mode of existence and self defence.--Now in relation to the executive of this state, who has high powers and duties, we must take into account, in settling his term of power, the privileges and power of the other departments. In this government, the legislative department is the strong, and therefore the en croaching department. They are numerous and powerful, and may and can usurp the privileges of other departments. We are in no danger of being encroached upon. This we shall and illustrated in the constitutions of the vari ous states. At first, in the old states, from the recollection of colonial vassalage, the constitutions limited the term of governors to a short time. The apprehensions, however, entertained, of encroachments from this branch, have been found unreal, and consequently in the new states, and more recent constitutions, the term of the governors has been lengthened. In this state, you have just invested the governor with the veto. Would an annual governor, let me ask, dare under any circumstances, to interpose this vet, against the express will of a powerful and exasperated legislature? Would he venture to put him

self in opposition to a vast and influential body of men, when he knew that in a few months he must return to the people? A governor, for one year, would be of so little dignity and consequence, that no liberal minded man would put himself in the predicament of filling so unimportant a station. But independently of reasons connected with the legislature, a long term of office is necessary on other grounds, for the benefit of the people. The people are undoubtedly honest. They are not always well informed, and are subject to be misled. The measures therefore which a governor, if in certain possession of his office for a term of years, might be disposed to digest and propose for the benefit of the state, but which might at first be unpopular, and deemed oppressive, would never be suggested by a governor who felt that at the expiration of the year, he would return to the people-who might be exasperated against him by designing men, however clearly beneficial his projects. The people of this state have no jealousy of the governor's powers. They are too logical to infer, that, because the executive power has been abused, the power of the executive should be altogether destroyed. Even when you add the nomination to office, to the power already conferred on the governor, which let me ask you, would most properly discharge this duty, a governor for three, or a governor for one year? Surely he would, who would have no immediate personal interest in the short approval of a new election, to create to himself partizans and friends by his appointment.—The man indeed, who should make his appointments with such views, would not long maintain his ascendancy over the people--because though temporarily misled, they always return to the paths of honesty. But they may be stirred up to sudden frenzy, and it is to guard the executive against its effects that the governor should hold his office for a longer term. From these considerations, I prefer the present term of three years; but at any rate, am opposed to only one. Mr. Sutherland having concluded, the committee of the whole rose and reported progress.

MR. DODGE offered the following amendment to the bill of rights, as reported by the committee to whom that subject was referred, which was read and committed to the committee of the whole when on that report.

"The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people."

The Convention then adjourned.

THURSDAY, SEPTEMBER 13, 1821. Prayer by the Rev. Dr. CHESTER. The President took the chair, at 10 o'clock, and the minutes of yesterday read and approved.

MR. KING, from the committee to whom was referred so much of the constilution as relates to the legislative departments, to take into consideration the expediency of making any, and if any, what alterations therein, submitted the following report:

1st. That the period for which the senators and members of assembly shall be elected, and the number of the senators, and the number to which members of assembly may be increased, shall continue as already provided.

2d. That the state shall be divided into seventeen districts, to be denominated senate districts; and that the thirty-two senators be elected in the said districts in the proportions following, to wit:

The first district to consist of the counties of Suffolk, Queens, Kings, and Westchester, and to elect two senators.

The second district to consist of the city and county of New-York, and the county of Richmond, and to elect three senators.

The third district to consist of the counties of Rockland, Orange, Ulster, and Sullivan, and to elect two senators.

The fourth district to consist of the counties of Putnam, Dutchess, and CoJumbia, and to elect two senators.

The fifth district to consist of the counties of Greene, Delaware, and Otsego, and to elect two senators.

The sixth district to consist of the counties of Albany, Schoharie, and Schenectady, and to elect two senators.

The seventh district to consist of the counties of Saratoga, Montgomery, Hamilton, and Warren, and to elect two senators.

The eight district to consist of the counties of Rensselaer, and Washington, and to elect two senators.

The ninth district to consist of the counties of Essex, Clinton, Franklin, and St. Lawrence, and to elect one senator.

The tenth district to consist of the counties of Lewis and Jefferson, and to elect one senator.

The eleventh district to consist of the counties of Herkimer and Oneida, and to elect two senators.

The twelfth district to consist of the counties of Madison, Onondaga, and Oswego, and to elect two senators.

The thirteenth district to consist of the counties of Chenango, Cortland, Broome, and Tioga, and to elect two senators.

The fourteenth district to consist of the counties of Cayuga, Senaca, and Tompkins, and to elect two senators.

The fifteenth district to consist of the counties of Ontario, Steuben, and Alles gany, and to elect two senators.

The sixteenth district to consist of the counties of Monroe, Livingston, and Genesee, and to elect two senators.

The seventeenth district to consist of the counties of Niagara, Erie, Cattaraugus, and Chautauque, and to elect one senator.

And that as soon as the senate shall meet after the first election, to be held in pursuance of this provision, they shall cause the senate to be divided by lot into four classes, eight in each class, and numbered one, two, three, and four; and that the seats of the members of the first class, shall be vacated at the expiration of the first year; of the second class, at the expiration of the second year, and so on continually, to the end that the fourth part of the senate shall be annually chosen.

3d. That a census of the inhabitants of this state shall be taken under the direction of the legislature, in the year one thousand eight hundred and twenty-five a and at the expiration of every ten years thereafter; and that a just apportionment of the senators among the senate districts, and of the members of the assembly among the several counties, may be made by the legislature at the first session after the return of every such census, which apportionment shall remain unaltered until the return of another census. Provided, that the number of the senate districts shall not hereafter he diminished, but may be increased, and shall consist of an equal number of inhabitants as nearly as may be; and if a district shall consist of more than one county, the counties shall be contiguous to each other; and no county shall be divided in the formation of a senate district.

4th. Any bill may originate in either house of the legislature, and bills passed by one house may be amended by the other.

5th. The members of the legislature shall receive a compensation for their services, to be ascertained by law, and paid out of the public treasury; but no alte ration of the compensation shall take effect during the year in which it shall have

been made.

6th. No member of the legislature shall receive any civil appointment under the government of this state during the term for which he shall have been elected.

7th. No pers n being a member of congress, or holding any civil or military office under the government of the United States, shall be eligible to a seat m the legislature; and if any person shall, while a member of the legislature, be elect ed to congress, or appointed to such office, his acceptance thereof shall vacate bis seat.

8th. No persons holding any civil or military office, by appointment under the government of this state, (judges of the court of common pleas in the several Counties, and officers of the militia excepted) shall be eligible to a seat in the legislature.

9th. That so much of the 15th article of the constitution as directs the manner of holding a conference, whenever the senate and assembly disagree, be abol hed.

10th. That the power of impeachment be vested in a majority of the members of assembly; and that all officers holding their offices during good behaviour, may be removed by joint resolution of the two houses of the legislature; provided, that two thirds of all the members elected te each house concur therein.

11th. That the assent of two-thirds of the members present in each branch of the legislature shall be requisite to every bill creating any body politic or corporate for any purpose whatsoever.

12th. That the fund denominated the common school fund, shall be and remain a perpetual fund, the interest of which shall be inviolably appropriated and applied to the support of common schools throughout this state; and that the rates of toll, not less than those agreed to by the canal commissioners, and set forth in their report to the legislature of the twelfth of March, one thousand eight hundred and twenty-one, shall be imposed on, and collected from all parts of the navigable communications between the great western and northern lakes and the Atlantic ocean, which now are, or hereafter shall be made and completed.-And the said tolls, together with the duties on the manufacture of all salt within the then western districe of this state, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen; and the duties on goods sold at auction, excepting therefrom the sum of thirty-three thousand five hundred dollars, otherwise appropriated in and by the said act, and the proceeds of all lotteries which shall be drawn in this state (after the sums granted upon them prior to the sixteenth April, one thousand eight hundred and seventeen, shall have been paid) shall be and remain inviolably appropriated and applied to the payment of the interest and reimbursement of the capital of the money already borrowed, or which hereafter shall be borrowed, to make and complete the navigable communications aforesaid--And that neitheir the rate of tolls on the said navigable communications, nor the duties on the manufacture of salt as aforesaid, shall be reduced or diverted at any time before the full and complete payment of the principal and interest of the money borrowed, or to be borrowed as aforesaid.

SCHEDULE

Of the Inhabitants of the State of New-York, as ascertained by the Fourth Census of the United States, taken in the year 1820.

Since the above Census was taken, the then counties of Ontario and Genesee have been divided, and formed into the counties of Ontario, Genesee, Livingston, and Monroe. The exact population of each of the new counties has not been ascertained, but is believed to be nearly as follows: Ortario, 61.100 : Genesee, 40,100; Livingston, 18,400, and Monroe, 26.780.