general satisfaction. Does not all this experience afford strong evidence of the utility of keeping the executive upon his present establishment? Sir, the views of the gentlemen who have advocated this limitation, seem to be limited to the "piping time of peace." If the expectation that peace is to endure forever, is not delusive, if the millennium has indeed commenced, then I will concede that there is weight in the arguments of those gentlemen. But, sir, while man remains as the history of the world has ever pourtrayed him, as ambitious, cruel, and rapacious-while his breast continues to be stormed by angry passions, wars will come; and every wise man, in establishing the form of government for his country, will so form it as to enable it to withstand the shock.

You must therefore have a governor whose powers and whose term of service will be such as to enable him to meet the emergency. The revolutionary war, as well as the late war, have both shewn, that such is our peculiar local situation, that whenever the United States are involved in a war, we shall be in a peculiar manner exposed to its depredations, and that this state must then put in requisition its own resources for its defence. The experience of the late war upon this subject, which is too recent to be forgotten, has demonstrated, that we have dealt out our power with so sparing a hand to the general government, that its arm is inadequate to the defence of every part of the country. Sir, it is but seven years, this very month, since I was summoned to attend in this hall as one of the representatives of the people, to provide for the defence of the state. The language which was then held out to the legislature was, that they must put in requisition the resources of the state for its defence, and rely upon the general government for remuneration at some future time-that the national treasury was exhausted, and that their forces were too feeble for the defence of the country. At this time we were threatened with invasion upon both the atlantic and lake frontiers, and twenty thousand of our militia were in the field. These were then the sentiments of a decided majority of the legislature, and were in unison with the wishes of the people. The resources of the state were accordingly put in requisition, and the measures adopted were of so decided and so energetic a character, that they were attended with the most happy results. And will it be contended that it is expedient to put the executive of this state upon a one year establishment, when he may again be called upon to encounter scenes like these? What would become of all the plans for a campaign, all the military arrangements, all the organizations, and the infinite multiplicity of concerns, which must then necessarily engage bis attention, provided he is cut short in his career by an annual election. Would the patriotic George Clinton have wielded, as effectually as he did, the power of this state, if his office had been kept dependent upon an annual election? Perhaps he might; but certain we are, that the government, during both wars, was administered to the satisfaction of the people-How it might be under the contemplated organization, time alone can shew.

It will not be contended but that it is desirable that the government should be stable in all its departments. In the organization of the legislative and judicial departments, the requisite stability is provided for. Why, I would ask, is this stability requisite only in these departments? Why is it not equally requisite in the executive department? Why is whatever relates to the execution of your laws to be kept in an eternal state of fluctuation?

But, sir, the experience of other states, and especially of Connecticut, is ap pealed to, to shew that there is no necessity for extending the governor's term beyond one year. With respect to most of the states where this practice prevails, such is their interior situation, that they have nothing to apprehend from war-And as it respects Connecticut, their steady habits preserve them from changes. The memory of man extends but to one change of party in that state, and that is of a recent date. Whoever is there elected governor, remains governor until the day of his death. The same stability characterizes all their proceedings. But recently an old man died there who had been fifty-six times elected a member of the legislature. If I was in Connectiout, I should as soon think of proposing that the Dey of Algiers should be imported to govern them, as to propose that their governor should be chosen for two years. The fact is, they are so firmly knit and bound together, that whether their governor is cho.

sen monthly or yearly, or whether their government assume one form or another, the result will be nearly the same. You have all heard of the steady habits of Connecticut, but who ever heard of the steady habits of the state of New-York? Their steady habits is to keep in perpetual turmoil, and to rush from one extreme to another; and after they have accomplished one point, no son of Adam can tell what they will drive at next. Let us not, therefore, delude ourselves by relying upon the experience of other states, and above all, of Connecticut. The experience of our own state and of our own people, ought alone to govern. We are called upon to form a government for them, and not for a people essentially different from them.

Sir, I came not here to flatter the people. I came here to serve the people, by a faithful devotion of my faculties, such as they are, to a subject which most deeply concerns them and their posterity. To accomplish the end for which we are sent, we must form a correct estimate of the character of this people. We have heard much flattery delt out to them; and who would imagine from what we have heard, but that they were all wise, all honest, all, all honourable men. Sir, this is all folly. It is not true, and the people know that it is not true. The truth of the matter is, that the people of this state are are like the people of other states. Some of them are wise and some are foolish; some honest and some are knaves. If the people are as they have been represented, how does it happen that your courts of justice are crowded with law-suits, and your state-prison so filled to overflowing, that it is necessary from time to time, to disgorge their foul contents upon the community? Sir, the very existence of civil government is a libel upon the human race. It is enough for us to know, that there is in the people of this, as well as of other states, a fund of good sense, of integrity, and of patriotism, which qualifies them in an eminent degree for the enjoyment of a free government. And it is our business so to organize the government, as that it will most effectually answer the end for which it is established, and that is to protect the virtuous and to punish the vicious; to cast a rampart around the deserving, and to restrain those who will not respect the laws of God or man. We must take things as we find them here. And I conjure the people from New-England not to be led away by the example of their native states, but to apply the experience of this state to its institutions. So long as we lean upon the staff of experience, so long we shall be preserved from wandering from the true path. And if we adhere to this, we shall find no reason for changing the government of this state in so fundamental a point as the duration of the office of the chief magistrate. Sir, the science of government is above all sciences the most complex and difficult to be well understood. No human genius ever yet arrived at a full and complete comprehension of it. It is a subject upon which mankind have groped in darkness from the creation. Let us not, then, venture upon the field of experiment, but leave untouched all those parts of the constitution which have worn well. By a change in a particular which may be deemed unimportant now, we may in the lapse of time introduce evils of a most alarming character. Montesquieu has furnished us with numerous cases where a change in the form of government in a particular, which at the time appeared to be of small importance, in some instances changed the constitution, and in others overthrew the government. Now, although I do believe that nothing could deprive the people of this country of their free governments, yet, by an imprudent alteration, we may introduce evils which will be extremely mischievous. Of this, this state furnishes one memorable instance. The Convention of 1801, in their wisdom, deemed it wise to take the appointing power from responsible, to and place it in irresponsible hands, and the evils produced by it have led us to the calling of this Convention.

In support of the motion now under consideration, much stress has been laid upon the enormous powers which it is contemplated to place in the hands of the governor; and the honourable gentleman from Otsego, (Mr. Van Buren,) has taken it for granted, that a large portion of the appointing power must be lodged in the executive. Sir, I sincerely hope and trust that it will not be so. I trust that any proposition for vesting so much power in the executive, will meet with the speedy and certain condemnation of this Convention; as I am sure it will

of a vast majority of the people of this state. The source of the evils of which we complain, and which has induced to the calling of this Convention, is not to be traced to the duration of the office of your chief magistrate, but to the enormous accumulation of the appointing power in irresponsible hands in Albany. This, sir, is the grand fountain of corruption-whose streams have poisoned the political integrity of the state. By the accumulation of this power, not in the hands of the chief magistrate, but of those who, from time to time, have had the address to seize upon the appointing power, you have repeatedly witnessed instances of men, who have grown to a giant's size, and wielded the political power of the state with a giant's strength. The elevation which they have obtained has not been owing to their distinguished merits, but by drawing to their aid the support of every scoundrel in the state, who was willing to sell himself for an office. These men, sir, are as sagacious as hounds, in seeking out the sources of power, and whom they regularly find to be, not the chief magistrate, but some excrescence upon the body politic-some political fungus; and by ascertaining his wishes, by sounding his views, they are sure of accomplishing their views. And, sir, pray what is the extent of this patronage in the hands of the appointing power? There are now upwards of twelve thousand officers, civil and military, in commission under it. The governor of this state has informed you that the emoluments of these officers amounted to a million of dollars a year. Now, sir, what government can stand before such an influence as this in corrupt hands. This has been the origin of all our evils. It is this evil which induced to the calling of this Convention. And it is the remedy of this evil which the people demand at our hands. And yet it is here alledged, that the greater part of this power is to be transferred to the hands of the executive-that it is still to be centered in Albany. As well might the people be required to send their harvest to Albany and then come with cap in hand and bended knee to buy back bread for their families, as to depute to any man all their powers, and then to beg back a portion of it for themselves.

But,

And why, let me ask, is this power to be here centered? Why are not such of the officers of the government, whose duties are confined to the counties and towns, to be chosen by those who are about to be affected by their administration. Are not the people of the counties and towns fit to be trusted with the power of making those appointments? If not, they are not fit for a republican government. If this be the fact, we may as well at once have done with republicanism, and send to Europe for one of their legitimates to rule over us. sir, the county and town governments have ever been the soundest and best parts of our political system. No complaint of their abusing their powers is ever heard. The supervisors of the towns are universally spoken of, as being The assessors and overas respectable a body of men as there is in the state. seers of the poor are also highly respectable. These privileges have been enjoyed by the towns for half a century. How, then, can it be pretended, that they are not competent to the election of suitable men for justices of the peace, and other county officers.

I know, sir, that the language which I hold upon the subject of leaving the term of the executive untouched, and upon the subject of the veto, may be represented as aristocratical, and that weak minds may be made to believe it. But such representations will not impede me in my course. We shall see in the end who is willing to confide power in the people. The arguments in support of the veto are before the people, and they will judge for themselves. This power, together with the power of pardoning, are urged as reasons why the term of the executive should be shortened. And pray, what is the amount of this enviable privilege of imposing a veto upon laws? I have been present, in several instances, when laws have been returned by the council of revision; and I never knew an instance when it did not produce a high degree of irritation in the legislature. This privilege of a veto, in the hands of the executive, is nothing more than the privilege of bringing a hornet's nest about his ears.

Mr. Edwards then proceeded to shew, that the veto, as it now stood, and the pardoning power as he wished to place it, would place the executive upon a footing much less advantageous for the accumulation and abuse of power, than

he was heretofore. He expressed his regret that, by some side wind, the report of the committee, requiring the governor to report to the legislature the reasons for all the pardons which he might grant, had been stricken out; and announced his determination to move that it should be restored. He then proceeded to remark, that wherever he confided power, he would insist upon its being accompanied with a strict and rigid responsibility. That he would abolish all councils which act in secret, and put the governor upon such a footing, that in the discharge of his duty he should be exposed to the full gaze of the people. He said, that he should forbear touching upon those branches of the subject which had been so ably discussed by Messrs. Sutherland and Buel. He then proceeded to consider what would be the future destinies of the state, as it respected the number and character of its population, the variety and importance of its concerns, the increase of pauperism, &c. &c. and what events might ensue, which would require the vigorous interposition of the executive arm. The present he considered as the age which our posterity would recur to as an age of primitive simplicity, so far as relates to our republican institutions. Pauperism (he observed) is rapidly increasing, and will increase, in a proportion vastly exceeding the increase of the population of the country. Men, who are desperateły poor, are easily wrought upon. We have never yet known, in this country, what it was to have a civil war. Yet, in the course of time, one portion of the community may be placed in hostile array against the other. He then proceeded to shew, that posterity might, in that event, be inconvenienced by frequent elections, and expressed his hope, even if we should experience some little inconvenience from the present term of the executive, that we would, notwithstanding, suffer it to remain, out of regard to posterity, and reverence for the institutions of the state. As the time for adjourning had arrived, he said, he would close his remarks with expressing his earnest desire, that they would content themselves with correcting what they found to be pernicious, and would leave the rest untouched. If they went upon the plan of overhauling every branch of the government, without respect to beneficial effects which experience had shewn to attend them, and should go upon a course of experiments, they would soon find themselves, as it were, adrift upon a wide sea, without rudder or compass. If, (said he,) on the other hand, we only correct what is amiss, we cannot go wide astray; and we shall then meet with the approbation of our constituents, and the blessings of posterity.

The question on filling the blank with two years, was then taken by ayes and noes, and carried in the affirmative, 61 to 59, as follows;

AYES-Messrs. Bacon, Beckwith, Breese, Brinkerhoff, Buel, Carpenter. Child, D. Clark, Dubois, Duer, Dyckman, Edwards, Fairlie, Fish, Hees, Hunter, Huntington, Hurd, Jansen, Jay, Jones, Kent, King, Lawrence, Lefferts, Munro, Nelson, Paulding, Platt, Porter, Pumpelly, Rhinelander, Rogers, Rose, Ross, Russell, Sage, Sanders, N. Sanford, Seely, Sharpe, I. Smith, R. Smith, Spencer, Stagg, Steele, I. Sutherland, Ten Eyck, Tuttle, Van Buren, Van Horne, S. Van Rensselaer, Van Vechten, Verbryck, A. Webster, Wendover, Wheaton, E. Williams, N. Williams, Woodward, Yates-61.

NOES-Messrs. Baker, Barlow, Birdseye, Bowman, Briggs, Brooks, Burroughs, Carver, Case, R. Clark, Clyde, Collins, Cramer, Day, Dodge, Eastwood, Fenton, Ferris, Frost, Hallock, Hogeboom, Howe, Humphrey, Hunt, Hunting, Knowles, Lansing, A. Livingston, P. R. Livingston, M-Call, Moore, Park, Pike, President, Price, Reeve, Richards, Rockwell, Root, Rosebrugh, R. Sandford, Schenck, Seaman, Sheldon, Starkweather, D. Sutherland, Tallmadge, Taylor, Townley, Townsend, Tripp, Van Fleet, Van Ness, Ward, E. Webster, Wheeler, Woods, Wooster-59.

The committee then rose and reported the amendment of the constitution relative to the executive department, and the Convention adiourned

FRIDAY, SEPTEMBER 14, 1821-(8 o'clock, A. M.)

At a meeting of the Convention, assembled by the special convocation of the President, he announced to them the unpleasant intelligence of the sudden death of one of the members, Mr. JANSEN, of Ulster, and mentioned that in the recess he had taken upon himself the appointment of a committee, consisting of the surviving colleagues of the deceased, Messrs. Clarke, Hunter, and Dubois, together with Messrs. Wendover and Duer, to make arrangements for the funeral.

The following resolutions were then adopted by the Convention :

Resolved, That the members and officers of this Convention, as a mark of repect to the deceased, accompany the corpse to the steam-boat.

Resolved, That the members and officers of this Convention wear crape for the remainder of the session.

MR. HUNTER, from the committee appointed to make arrangements for the funeral of the Hon. HENRY JANSEN, deceased, reported, that as it had been determined, by the friends of the deceased, to take his body to his late place of residence in the county of Ulster, the committee had agreed to the following order of procession, to accompany the corpse to the steam-boat, to wit:

1. The Chaplains to the Convention.

2. The corpse and pall bearers.

3. The relatives of the deceased.

4. The committee of arrangement, and boarders in the same family with the deceased, as mourners.

5. The physicians.

6. The President and Secretaries of the Convention, preceded by the sergeants at arms.

7. Members of the Convention, two and two.

8. Governor and Lieutenant-Governor.

9. Judges of the supreme court.

10. Mayor and corporation of the city of Albany.

11. Other public officers.

12. Citizens of Albany and strangers.

13. The door-keepers of the Convention.

The President then left the chair, and the members were invested with the badges of mourning, and at 9 o'clock, formed in procession in front of the capitol, and escorted the corpse to the steam-boat, on board of which it was embarked for Kingston, the residence of the deceased. At the boat religious exercises of admonition and prayer were performed by the Rev. Dr. Chester, in presence of a numerous concourse of the members and citizens. Messrs. Van Vechten, Gen. Root, Fairlie, Van Horne, Dubois, and Hunter, acted as pall bearers; and the corpse was preceded by the reverend clergy of the city, offciating as chaplains to the Convention.

Having returned to the capitol, at 10 o'clock the President resumed the, chair; and

On motion of GEN. ROOT, the Convention adjourned over to Monday next.

MONDAY, SEPTEMBER 17, 1821. The President took the chair at the usual hour, and after prayers by the Rev. Dr. CUMMING, the journals of Friday last were read and approved.

MR. VAN BUREN, from the committee on so much of the constitution as relates to the power of appointment to office, and the tenure thereof, reported, that in the opinion of the committee, the following amendments of the constition ought to be made, viz: