of that county, under an impression that the public good required that he should participate in the proceedings of the convention; from the county of Richmond, Daniel D. Tompkins, vice-president of the United States; from Saratoga, Samuel Young; from Schoharie, Jacob Sutherland, who also, then for the first time, made his appearance in public life, but who was afterwards a judge of the supreme court; from Delaware county, Erastus Root; and from Queens county, Rufus King, of whom, as a man eminent for his talents and standing, I need not speak, except to state, that, although from the organization of the government down to 1820, when Clinton was reelected governor, he was a consistent and uniform federalist, but, at that election, his sons, and it is presumed, that he also, preferred the election of Tompkins to that of Clinton; and from that circumstance, connected with his election as United States senator in the fall session of 1820, by the New-York legislature, he was claimed as a democrat, and elected as such, a delegate to the state convention, by the democrats of the county of Queens.

Among the distinguished men who were chosen members of this body, belonging to the other party, may be numbered Stephen Van Rensselaer, James Kent, Ambrose Spencer and Abraham Van Vechten, from Albany county; William W. Van Ness, Elisha Williams and J. Rutsen Van Rensselaer, from the county of Columbia; Peter A. Jay, of Westchester county, who, even if he had not been the son of the great and good John Jay, would notwithstanding have been regarded as one of the first order of men; and Judge Platt and Ezekiel Bacon, of the county of Oneida.

Gen. James Tallmadge, heretofore a very zealous Clintonian, had been elected from the county of Dutchess, on the same ticket with Peter R. Livingston. These gentlemen, for a long time previously, had been strenuously opposed to each other. Their election must have been

produced by an union of political parties in Dutchess, for the purpose of the election of delegates to the convention. Such an union, if formed solely with the view of selecting the most competent men to re-model and revise the constitution, was certainly laudable, and this may have induced the people of Dutchess county to elect Mr. Livingston and Mr. Tallmadge; at the same time the veracity of history requires me to state, that in no part of NewYork were political bargains more common than among some of the politicians of Dutchess county, and that Mr. Livingston and Mr. Tallmadge were prominent party leaders in that county.

When the delegates assembled they were called to order by Gen. Root, who, in a brief but very appropriate speech, pointed out the objects of the assemblage. It would seem that one hundred and ten delegates were present; for Daniel D. Tompkins received ninety-four votes for the office of president, and there were sixteen scattering votes.

John F. Bacon and Samuel L. Gardner were appointed clerks of the convention, and Wm. L. Stone, Nathaniel H. Carter, M. T. C. Gould, Levi H. Clarke and Moses I. Cantine, were admitted within the bar as stenographers.

Mr. Carter and Col. Stone published an account of the proceedings of the convention, and the history hereafter given of what occurred in that body is mainly collected from the work published by them.*

On the morning of the 30th of August the convention again assembled, when Mr. Rufus King, after some preliminary remarks, made a motion for the appointment of a committee to consist of thirteen members, whose duty it

* Since this chapter was written I have ascertained, from unquestionable authority, that the labor of reporting and preparing for the press the proceedings of the convention, was performed almost solely by Col. Stone. The accuracy with which the speeches of members is given has never, I believe, been questioned.

The ability and impartiality evinced by the reporter entitle him to the respect and gratitude of the public.

should be to consider and report the manner in which it would be convenient to take up the business of the convention. The motion was agreed to, and Mr. King of the county of Queens, Mr. Sanford of the county of NewYork, Mr. Tallmadge of the county of Dutchess, Mr. Root of the county of Delaware, Mr. Kent of the county of Albany, Mr. Pitcher of the counties of Washington and Warren, Mr. Sheldon of the county of Montgomery, Mr. N. Williams of the county of Oneida, Mr. Yates of the county of Schenectady, Mr. Birdseye of the county of Onondaga, Mr. Nelson of the county of Cortland, Mr. Swift of the county of Ontario, and Mr. Russell of the county of Niagara, were appointed members of the committee.

This committee, on the same day, reported:

1st. That so much of the constitution as related to the legislative department, be referred to a committee to take into consideration the expediency of making any, and if any, what alterations therein, and to report such amendments as they may deem expedient; and on this committee Messrs. King, Kent, Paulding, Sage, Rose, Ten Eyck and Lawrence, were appointed.

2nd. The same resolution with respect to the executive department; and Messrs. Sheldon, Wendover, Huntington, Yates, Stagg, Pitcher and Hogeboom were appointed on this committee.

3d. The same with respect to the judiciary department; and the committee appointed consisted of Messrs. Munro, N. Williams, J. Sutherland, Sylvester, Wheaton, Duer and Wheeler.

4th. The same in relation to the council of revision; and Messrs. Tallmadge, Platt, Ward, Nelson, Brooks, Russell and Van Horne, were appointed members of this committee.

5th. The same with respect to the power of appointment to office; and this committee was composed of

Messrs. Van Buren, Birdseye, Collins, Buel, Child, Edwards and Rhinelander.

6th. The same in regard to the right of suffrage, and the qualification of persons to be elected; and this committee consisted of Messrs. Sanford, S. Van Rensselaer, Peter R. Livingston, Fairlie, Young, Cramer and Ross.

7th. A like resolution was passed in regard to the rights and privileges of the citizens of this state; and Messrs. Sharpe, Spencer, Hunter, I. Smith, Lefferts, M'Call and Richards were named as members of this committee.

8th. The same with respect to all parts of the constitution not included in the foregoing resolutions; and this committee consisted of Messrs. Radcliff, Bacon, R. Clarke, Pike, Schenck and Briggs.

This last resolution would seem to have covered the whole ground not previously parcelled out, but the committee of thirteen reported two other resolutions, which

were

9th. With respect to the commencement of the legislative year, and the term for which every elective officer may be elected. Messrs. Root, Lansing, J. R. Van Rensselaer, Price, Beckwith, Rosebrugh and Burroughs were appointed on this committee.

10th. In relation to the mode of making future amendments to the constitution. The persons appointed to consider and report upon this matter were Messrs. Swift, Van Vechten, Barlow, Steele, Tuttle, E. Williams and Verbryck.*

* A very slight glance at these committees exhibits the temper and feeling of the majority of the convention, towards their political opponents. The chairmen of these ten committees were all members, and most of them zealous members, of the dominant party in the state, unless the appointment of General Tallmadge, as chairman of the committee on the council of revision, may be considered as an exception. But it was then well understood that he was about changing, if he had not already changed, his political position. He was offended at the appointanent of Mr. Oakley to the office of attorney general-an office to which Mr. Tall

Notwithstanding this subdivision of the matters of which the convention appeared disposed to take cognizance, it was very evident that the great and absorbing objects which would engross the attention of that assembly were the following:

First. An alteration in the judiciary system.

Second. The abolition of the council of revision, or a transfer of the veto power.

Third. A change of the appointing power.

Fourth. An extension of the right of suffrage.

On the 3d September General Tallmadge reported in favor of abolishing the council of revision, and recommended that the veto power should be vested in the governor for the time being. He stated that the committee had designedly omitted to make a written report of the reasons upon which they acted; because, if each committee were to assign the reasons for the alterations in the constitution which they might propose, those reasons might have an improper influence upon the construction which might be given to the constitution, after its revision and adoption by the people. When the report of the select committee was considered in committee of the whole, every member present voted in favor of the proposition to abolish the council of revision; but when the convention took into consideration the substitute proposed, a long and interesting debate ensued. The select committee, as I have already stated, reported that the veto power should be vested in the governor, and that, when he disapproved of a bill, he should return it with his ob

madge supposed himself entitled-and from the time of Mr. Oakley's appointment, and his disappointment, he was opposed to Gov. Clinton.

If the president of the convention had not intended to introduce some species of party machinery into that house, it is impossible to account for his neglect of such men as Chancellor Kent, Chief Justice Spencer, Judge Van Ness, Judge Platt, Peter A. Jay, Elisha Williams, and several other gentlemen eminent for their standing and talents.