THE COUNCIL OF REVISION.

The report of the committee of the whole on the subject of the council of revision, was then read by the secretary, in the words following:

This Convention, in the name, and by the authority of the people of this state, dotk 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 the journal, and proceed to reconsider it. If, after such re. consideration, 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 the 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, (Sundays 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 shall by their adjournment, prevent its return; in which case it shall be a law, unless returned on the first day of their next meeting.

COL YOUNG moved to add to the end of the report the following words: "No bill shall pass either branch of the legislature on the last day of any session." MR. KING remarked, that the legislature were competent to adopt such a regulation; and it appeared to him unnecessary to insert such a clause in the constitution.

MR. FAIRLIE made a few remarks against the amendment, and pointed out the embarrassments it would create.

Mr. WENDOVER said he hoped this amendment would not prevail. It might sometimes be very important to the community that bills should so pass : more particularly in time of war, it might not only be indispensably necessary to pass, but to originate laws, for the public interest, and for the common defence.

COL. YOUNG, to obviate the objections suggested by the gentleman from NewYork (Mr. Fairlie) proposed to amend the clause by inserting the words, "except such bills as are returned by the governor with objections."

THE CHIEF JUSTICE suggested some objections to the amendment. It would be difficult for the speaker to retain a quorum for one day after the members were ready to go home.

The question on the amendment was then taken and lost.

MR. WHEATON moved to amend this amendment by striking out the following words in the 27th and 28th lines: " in which case it shall be a law, unless returned on the first day of their next meeting," and inserting the following; shall not be a law." Mr. W. stated his object to be to make the provision respecting bills, the return of which within ten days was prevented by the adjournment of the legislature, correspond with that in the constitution of the Uni ted States, which seemed to him founded in wisdom. If congress by their adjournment prevent the return of a bill by the President, it does not become a law. Nor was it fit that it should. The regulation proposed by the committee of the whole, would enable the governor to keep in his own breast the secret whether a particular bill would or would not ultimately become the law of the land; and might end ble those by whom he was surrounded to profit by that knowledge, which they alone would possess, to the disadvantage of the public in general. Such a practice would draw after it many of the evils of the secret legislation of despotic governments, and would certainly be abused to corrupt purposes in many cases where private rights were involved, or private interests affected by measures of a general and public character.

The subject was further discussed by Messrs. King, Spencer, and Van Buren, when the question was taken on the amendment and carried.

The whole report as amended was then passed.

THE LEGISLATIVE YEAR.

The report of the committee of the whole, on the subject of es'ablishing the commencement of the legislative year, was then read as follows:

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 time, in the month of October or November, as the legislature shall direct, 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 clection.

MR. WENDOVER proposed the following amendment: after the word “following," insert" or on the second, if the first shall come on Sunday."

In offering this amendment, he was desirous to see this solemn assembly conform to what he hoped was the settled sentiment of ninety-nine hundredths of a Christian community: that secular business ought not to be done on the Christian sabbath. When this subject was before the committee of the whole, it was said, that if the first day of January should happen on Sunday, the governor elect might do as the president of the United States did at the commencement of his present term, delay being sworn into office on the constitutional day, being Sunday, till the next day; but, sir, we well know, (said Mr. W.) that in following precedents, men are generally disposed to seek those most in point and nearest home. I recollect at present but one instance on which the day designated by the present constitution for the governor to enter on the duties of his office, happened on Sunday, which was in the year 1804, and it is a fact that the governor elect did take the oath of office on that day. To avoid the like occurrence in future, I wish this amendment to obtain, and particularly as the elections for governor will be more frequent, and a like result more often occur. I should have proposed an amendment, to commence the governor's term, and the legislative year, on the first Monday in January, but to this it has been objected, that one governor and legislature would in some cases remain in office six days longer than others; if this objection is thought by gentlemen to have any weight, which for myself I do not perceive, I wish to obviate the difficulty by the amendment now proposed, and thereby remove the real or sup posed necessity of administering oaths of office on that day. By the present constitution, the governor enters into office on the first day of July, and the members of the legislature on the first Monday of the same month: I can see no reason why the term for all, should not begin either on the first Monday in January, or to defer till Monday what is improper to be done on Sunday.

GEN. ROOT opposed the motion. He thought the gentleman from New-York was too scrupulous on the subject. The constitution of the United States provides that the legislature of the general government shall commence on the fourth day of March, and no injury had resulted from the provision. If it were fixed otherwise than to a day certain, it was evident that some governors would hold their office for a longer term than others. Our courts had decided that an affidavit taken on the Sabbath was valid-doubtless on the principle, that the better day the better deed. It rather increased than diminished the obligation of the oath which is taken. Marriages often take place on Sunday, d are considered equally binding as if solemnized on a week day; and this was but the solemnization of a marriage between the governor and the people.

The question was then put, and Mr. Wendover's motion lost; when the whole report passed without amendment.

THE EXECUTIVE DEPARTMENT.

The report of the committee of the whole on the executive department, was then read by sections.

MR. EDWARDS moved to amend the first section by striking out "year," after the word "every," and inserting "three years," so as to read "once in every three years," as a term of service for the governor.

MR. BRIGGS called for the ayes and nocs.

MR. FAIRLIE was in favour of the amendment. Public sentiment did not require a change in this particular. Complaints had been made of governors, but none of the term of service.

COL. YOUNG was opposed to the motion. It would give to the officers of the different departments, similar terms, and might produce combinations.

MR. EDWARDS thereupon modified his motion, by proposing to insert the word two instead of three.

MR. LANSING had heretofore voted for an annual election, before he knew what powers would be given to the governor. Those powers having been defined, he should be in favour of extending the term to two years.

GEN. ROOT hoped this question would not be taken in as great a hurry as had seemed to be expected. Some amendments had been adopted in consequence of the governor's term being reduced, which would not have been the case had it been supposed that his term would be more than one year. He would not have had the power of nominating so many officers to the senate, but from the consideration that he would be annually returned to the people, by which any abuse of that privilege might be corrected. When a man has reason conscientiously to complain of the conduct of the executive, he wishes him out of office, and some one in his stead; and the man who is well satisfied with him, will be willing to continue him for life. Then where the election is annual, all have an opportunity of expressing their wishes, and the will of the majority is gratified. It is not improbable that our executive may conduct in such a manner, as to render himself obnoxious to the majority at the end of one year; and if so, the voice of the minority is to predominate for the second year.

Here Mr. Root related the circumstances which led to the calling of a Convention in 1801, which were, that the executive assumed an exclusive right to the nomination of all officers to be appointed by the council, of which he was a member. His nominations were such as the council could not concur in, and it finally went so far that the governor would not meet with the council; and in many counties, where commissions had expired, they were obliged to remain without a magistracy for many months. This was an evil which was severely felt, and called loudly for a remedy. The remedy was, the calling of a Convention, and in that Convention vesting in the members of the council an equal right of nomination. We have been told that was an error; if it was, it was one that received the undivided approbation of all true republicans, and the condemnation of that party which terminated its career of domination in this state soon after.

Mr. R. reminded the Convention of many other evils that had resulted, and which probably would result, from being shackled with a governor, who, from improper conduct, might become unpopular among the people. He hoped we should never have a recurrence of all the evils that we had heretofore expericnced from this source. It might hereafter be the case, that the executive would be opposed to a great majority of the senate, as well as of the people; and having the exclusive right of nomination, he could force upon the people such officers as he should think proper, or compel them to do without any. Those who, by improper conduct, should have lost the confidence of the people, might be permitted to continue in office, for the want of the governor's recommendation to the senate for their removal.

We are told that the governor should be elected for two years, that he may be independent. Independent of what? Independent of the people for whom he was elected.

Mr. R. said he did not like this kind of executive and judicial independencehe was in favour of a different kind of independence. He wanted these officers so situated, that if they did not discharge their duty for the good of the people, that they could be removed when a majority should think proper, even at the end of one year.

MR. KING spoke in reply. In the application of the term independent to the executive, was not intended an independence of the people, but a situation in which the governor might not be the mere instrument of the legislature. Mr. K. contended that within the short period of an annual term, it was not to be expected that the governor could acquire all that information which was ne

cessary to enable him to preside with usefulness and credit to himself or to the

state.

The period of this Convention is, in many respects, of peculiar character. The states have, of late, turned their attention to the provisions of their respective constitutions, with the view of revising and altering the same; and the temper which has manifested itself on this subject, instead of respecting the authority of ancient maxims, seems inclined to weaken them; and to draw the truths which they contain, into doubt, in order to introduce principles and doctrines which are without the sanction of experience in similar circumstances; but which, though wanting in this authority, may be supposed to justify alterations in the constitution, under which we have lived so long, and with so much cause of contentment.

This spirit should be indulged with great caution, lest it lead us on to dangerous innovations. Governments are the fruit of experience: they can safely rest on those political truths to which time has added his infallible sanction; and it is only the wise combination and distribution of these truths, which distinguish our free constitutions from all others.

Under our present constitution, we have not only enjoyed a large share of freedom, but we have, in a surprising degree, increased in population, wealth, and the useful arts. If it be true, of late years, that our prosperity is somewhat affected; the condition of that quarter of the world with which we have much intercourse, having undergone a great change; and the effect thereof having been, to impair the advantages in agriculture and commerce, that, during the wars in Europe, we enjoyed. But we are not to suffer ourselves to be misled in respect to the cause of these disadvantages; much less to become persuaded that they have proceeded from a defect in any of the provisions of our own constitution,

These reflections deserve grave consideration, not only on our own account, but because our proceedings, which are attentively observed by other states, may have an influence on their measures.

It is also of infinite consequence, that our government should exhibit to foreign nations, not only in the approved maxims of our constitutions, but in the stability and wisdom of their administration, that freedom and peace and justice may safely be confided to republics.

If, in this country, we fail in the establishment and support of free governments; if a people like the American people, without the prejudices, manners and habits of men living under different forms of government; if, with our education and discipline in practical equality, with laws which are the same for all, which in life equally protect all, and at death divide and distribute equally among the next of kin, the estates of all; if such a people want moderation and wisdom to establish, preserve, and perpetuate free governments, where, and among whom, may we hope for their existence?

An appeal is at this time made to our patriotism; for the struggle has commenced between the representative principle, and that of the ancient governments in Europe; between the right of the people to be consulted in the making of laws, and the claims of those who assert that they alone possess, and are responsible to God for, the power of governing mankind. At present, the question depends on the strength of public opinion; though it may, and probably will, be decided by the sword. We should, therefore, constantly recollect, that the wise administration of our free governments operates in favour of the prinriples of freedom, encouraging and strengthening its friends; and that the smallest insecurity, disorder, or confusion, that happens among us, are seized upon, magnified, and employed in favour of those who prefer despotic rulers.

An old and constant charge made against republics, is the instability of their institutions; and this is urged with great confidence in modern times.-Whatever failures in the cause of reform we may have witnessed, our country has hitherto remained both firm and faithful. Some alterations have been made in the constitutions of the other states, and some such are desired in our own constitution; but these are few, and only such as experience has proved to be defective: these, and only these, should be amended; and all other parts of the

constitution, against which no complaint has been made, should remain untouched.

Thus, the term of the governor, not having been objected to, ought to remain without change.-Since the meeting of the Convention, and not before, an opinion has been expressed in favour of a shorter term, and the example of some of our neighbouring states is urged in favour of such abridgment; but as we have been so long accustomed to choose a governor for three years; as no dissatisfaction has been expressed against the duration of the term; and arguments of authority are not yet urged in favour of a change, it would evince a temper of instability, were we to alter the term, especially by reducing the same from three years to one year.

It is proposed to increase the powers of the governor, by giving him the qualified veto on the passage of laws, heretofore vested in the council of revision: and moreover, to vest in him the exclusive nomination of the judicial, and other great officers of state, formerly vested in the council of appointment; and thus, by increasing the duties of the office, it is said to be more expedient to shorten his term of service-the reverse of which would seem to be more reasonable.

For, the duration of the term should be such as to enable the governor to become acquainted with the duties of his office. The increase of those duties will require more time to learn them, and cannot therefore be an argument in fayour of the abridgment of the term.

If the term be short, the duties will be imperfectly understood; and in the new branches, which bring the governor into collision with the legislature, as he may be likely to incur their displeasure, he will fail in executing his duties. His nominations to office, and his objections to improper laws, will be unfaithfully executed: the chiefs of the legislature will dictate the former, and their influence over his approaching election, will overawe the latter.

No state appoints for less than one year, and some states appoint for four years. The time should correspond with the extent of the state, the number of its inhabitants, the variety of their employments, and the portion of power confided to the executive.

In a state of limited territory, population and riches, in which the power of appointment is in the legislature, and the executive veto is merely nominal, little public inconvenience would arise from frequent executive elections.

The governor, in such state, would not only have little to learn, but little to do; and a short term and frequent choice would do little harm.

But, in this extensive, populous, and opulent state, with more than one half of its inhabitants recently united to the old stock, the whole composing a pea ple whose habits in government are not yet melted into uniformity; with an executive that, for nearly half a century, has, without complaint, been elected only once in three years; what sufficient motive can induce us to prefer an annual election, and thus to reduce the term of the governor to one year.

It should be recollected, that it is not for the sake of the person who is governor, that a longer term is desired; but on account of the people, for whose benefit alone the governor is chosen. If the power confided to the governor is less likely to be executed with independence and fidelity, should his term be reduced to a year, than would be the case if it be of longer duration, how can we, in justice to the people, shorten the term?

Where the governors are annually elected, the whole legislature are also chosen every year. In this state it is otherwise: the senate are for four years; and if the governor is to exercise a check on the legislature, his term of office should be such as to enable him to do so, otherwise the legislature will control the governor.

The chief argument urged in favour of annual election, is, that such election will secure a more efficient responsibility. The increase of the powers of the governor, is also made use of, in favour of shortening the executive term of office.

By responsibility, we mean the obligation due from one to whom power is given by another, to account for the faithful execution of his trust. Thus, all private and public agents are responsible to those who employ them; but, in