lands contiguous thereto, which may be necessary or convenient for their use; nor the said navigable communications, or any part or section thereof; but the same shall be and remain the property of this state.

SEC. XI. No lottery shall hereafter be authorized in this state; and the le gislature shall pass laws to prevent the sale of all lottery tickets within this state, except in lotteries already provided for by law.

SEC. XII. No purchase or contract for the sale of lands in this state, made since the fourteenth day of October, one thousand seven hundred and seventyfive, or which may hereafter be made of or with the Indians in this state, shall be valid, unless made under the authority, and with the consent of the legis lature.

SEC. XIII. Such parts of the common law of England, and of the acts of the legislature of the colony of New-York, as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hundred and seventyfive, and the resolutions of the Congress of the said colony, and of the convention of the state of New-York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired or been repealed, or altered; and such acts of the legislature of this state as are now in force, shall be and continue the law of this state, subject to such alteratious as the legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated.

SEC. XIV. All grants of land within this state, made by the King of Great Britain, or persons acting under his authority, after the fourteenth day of October one thousand seven hundred and seventy-five, shall be null and void: but nothing contained in this constitution, shall affect any grants of land within this state, made by the authority of the said King or his predecessors, or shall annul any charters to bodies politic or corporate, by him or them, made before that day or shall affect any such grants or charters since made by this state, or by persons acting under its authority; or shall impair the obligation of any debts contracted by the state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or proceedings in courts of justice.

ARTICLE EIGHTH.

SEC. I. Any amendment, or amendments, to this constitution, may be proposed in the senate or assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment, or amendments, shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen; and shall be published for three months previous to the time of making such choice, and if, in the legislature next chosen as aforesaid, such proposed amendment, or amendments, shall be agreed to, by two thirds of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment, or amendments, to the people, in such manner, and at such time, as the legislature shall prescribe; and if the people shall approve and ratify such amendment, or amendments, by a majority of the electors qualified to vote for members of the legislature voting thereon, such amendment, or amendments, shall become part of the constitution.

ARTICLE NINTH.

SEC. I. This constitution shall be in force after the last day of December, in the year one thousand eight hundred and twenty-two. But such parts of the same as respect the right of suffrage, and the elections to be held on the first Monday of November in the year last mentioned, shall take effect on that day. And sheriffs, clerks of counties, and coroners, shall then be elected; but they shall not enter on the duties of their offices before the first day of January next following. All persons in office on the last day of December in the year one thousand eight hundred and twenty-two, shall hold their offices until the same shall be filled in pursuance of this constitution.

SEC. II. The existing laws relative to the manner of holding and conducting elections, and making returns, shall be in force in respect to the elections.

to be held on the first Monday of November, one thousand eight hundred and twenty-two, so far as the same are applicable. And the present legislature may pass farther laws for the execution of the provisions of this constitution, in respect to the elections to be then held.

Mr. SANFORD remarked, that the committee had made out two copies of the report, one of which was then in the hands of the printer, and would be ready for the use of the members by 5 o'clock in the afternoon.

MR. BUEL, from the committee, hoped the Convention would not think proper to enter upon the consideration of the report, till the whole of it was printed and laid on the table, as it would be impossible to act on it intelligibly, unless the whole was seen and taken up in connexion.

GEN. ROOT called for the reading again of that section, recognizing the common law of England, and the colonial laws and statutes, so far as recognized by the present constitution. He believed the recognition unnecessary.

The section was read, and MR. BUEL explained. He thought it would be dangerons to strike out this recognition, without knowing what laws and statutes it would affect

Mr. R. said that four or five editions of the laws now in force in this state, had been published, none of which contained any laws, that had not been reenacted--some of them several times.

VR. JAY remarked, that in Varick and Jones' edition of revised laws, there were everal which had not been re-enacted.

MR VAN VECHTEN was opposed to sweeping off, without examination, all colonial laws and statutes, some of which might have a bearing, of which we are wholly ignorant.

GEN. ROOT could not consent to send a constitution to the people, which recognized English statutes.

MR. WHEATON stated, that having had the honour to be a member of the sclect committee to which this important subject had been referred, he hoped that when the Convention acted on it, they would proceed in something like a regular manner. He wished the articles to be taken up in a regular order, as they stood in the report; as it would be found that the committee had transposed the different parts of the old constitution as well as of the new; and changed not a little of the style and phraseology of both. This was a task of much more difficulty than, possibly, the house supposed, when it was confided to the select committee, who had anxiously endeavoured, and used all possible diligence to accomplish with accuracy the work in the very limited time which was allowed them for that purpose. It was necessary for them to use very great caution in abrogating any particular portion of the old constitution. as the rights of property and of public and private corporations might be affected by it in a manner that could not now be anticipated. With this view, the committee had inserted a saying clause for all existing laws, and charters, and grants of land, which might possibly be impaired by this transition from the old to a new government. But the gentleman from Delaware would find, on a comparison of the old and new constitutions, that no British statutes whatever, were revived or confirmed by the report which was strictly confined to the existing laws of the state. To give time for such a comparison of every part of both instruments, it was necessary that the members of the Convention should have them, in print, on their table; they could then proceed with that deliberation which ought to characterize the discussions of this body.

The subject was thereupon postponed till it shall be brought up in order be fore the Convention.

MR. STEELE offered the following resolution:

Resolved, That a respectful address be presented to the people of this state, with the constitution that shall be approved by this Convention, and that a committee of members be appointed to draft and report the same.

After some discussion by Messrs. Sharpe, J. R. Van Rensselaer, Buci, Birdseye, Van Vechten, Root, and N. Williams, in which the resolution was

supported on the ground of its being proper for the people to have a full expression of the sentiments of this Convention, and of its being customary in such cases; and opposed upon the ground that the people had a fair expression of the sentiments of the Convention in the amended constitution itself, and that if any other explanations were necessary, an address might be made by individuals in an unofficial capacity; the question was taken by ayes and noes, and decided in the affirmative, as follows:

AYES.-Messrs. Barlow, Beckwith, Bowman, Briggs, Brinkerhoff, Brooks, Burroughs, Carver, Case, Child, R. Clarke, Collins, Dubois, Dyckman, Eastwood, Fairlie, Fenton, Frost, Hogeboom, Howe, Hunt, Hunting, Knowles, Lefferts, A. Livingston, P. R. Livingston, M'Call, Moore, Nelson, Park, Pitcher, Porter, Pumpelly, Radcliff, Richards, Rockwell, Root, Rosebrugh, Ross, Russell, Sage, N. Sanford, R. Sandford, Schenck, Seaman, Seely, Sharpe, Sheldon, Starkweather, Steele, Swift, Taylor, Townley, Townsend, Tuttle, Verbryck, Ward, A. Webster, Wheeler, N. Williams, Woods, Young.-61. NOES.-Messrs. Bacon, Baker, Birdseye, Buel, Clyde, Duer, Edwards, Hallock, Hees, Hunter, Huntington, Jay, Jones, King, Lansing, Lawrence, Millikin, Munro, Paulding, Rhinelander, Rogers, Sanders, I. Smith, R. Smith, Stagg, Sylvester, Ten Eyck, Van Fleet, Van Horne, Van Ness, J. R. Van Rensselaer, Van Vechten, E. Webster, Wendover, Wheaton, E. Williams, Woodward, Wooster, Yates.-39.

On motion, it was decided, that the committee to draft the address consist of three, and the President named Messrs. Root, Hunting, and Steele to compose the said committee. Adjourned to 10 o'clock to-morrow morning.

THURSDAY, NOVEMBER 8, 1821.

The Convention met as usual, and the minutes of yesterday were read and approved.

MR. N. WILLIAMS offered the following resolution:

"Ordered, That the re-printing of the journals of 1801, which has been done for the use of this Convention, be charged to the contingent expenses attendant on their proceedings." Carried.

The Convention then went into committee of the whole, on the report of the select committee to whom was referred the subject of incorporating and consolidating into an amended constitution, all the sections and provisions to the existing constitution which are not modified, altered, or abolished; together with the alterations and amendments approved, or to be approved by this Convention-Mr. Lawrence in the chair.

The first six sections of the report on the legislative power were read, and with a few verbal amendments passed.

The seventh section, (relative to members of assembly,) was read, when MR. RUSSELL moved to strike out all that part of the section after the word "taken," in the tenth line, to the word "every," in the seventeenth line, and to insert in lieu thereof as follows:

"And until an apportionment of members of assembly be made by the legislature, according to the provisions of this constitution, the members of assembly shall be chosen in the respective counties, in the proportions following, to wit: "Albany 3, Allegany 1, Broome 1, Cayuga 4, Chenango 3, Chautauque 1, Clinton 1, Columbia 3, Cortland 2, Cattaraugus 1, Delaware 2, Dutchess 4, Essex L Erie 1, Franklin 1, Genesee 4, Greene 2, Herkimer 3, Jefferson 3, Kings 1, Living. ston 2, Lewis 1, Madison 3, Monroe 3, Montgomery and Hamilton 4, Niagara 1, New-York 10, Oneida 5, Orange 4, Onondaga 4, Ontario 6, Otsego 4, Oswego 1, Putnam 1, Queens 2, Rensselaer 4, Richmond 1, Rockland 1, Saratoga 3, Schenec tady 1, Seneca 2, Schoharie 2, St. Lawrence 1, Steuben 2, Suffolk 2, Sullivan 1, Toga 2, Tompkins 2, Ulster 3, Warren 1, Washington 4, Westchester 3."

A discussion ensued, in which Messrs. N. Sanford, Buel, Sharpe, Wheeler, Birdseye, Radcliff, King, Cramer, Van Vechten, Young, and Root, took part,

when the question was taken by ayes and noes, and decided in the negative, 76 to 27, as follows:

NOES. Messrs. Baker, Barlow, Beckwith, Bowman, Briggs, Case, Child, D. Clarke, Collins, Cramer, Dubois, Duer, Dyckman, Edwards, Fenton, Frost, Hallock, Hogeboom, Howe, Hunt, Hunter, Hunting, Hurd, Jones King, Knowles, Lansing, Lefferts, A. Livingston, P. R. Livingston, M'Call, Millikin, Moore, Munro, Park, Paulding, Pike, Pitcher, Pumpelly, Radcliff, Reeve, Rhinelander, Richards, Rockwell, Root, Rose, Rosebrugh, Ross, Sage, Sanders, R. Sandford, Schenck, Seaman, Seely, Sharpe, Sheldon, I. Smith, Stagg, Starkweather, Swift, Sylvester, Taylor, Townley, Tuttle, Van Fleet, Van Horne, Van Ness, J. R. Van Rensselaer, Van Vechten, Verbryck, E. Webster, Wendover, Wheeler, Woodward, Wooster, Yates, Young,-76.

AYES.-Messrs. Bacon, Birdseye, Brinkerhoff, Brooks, Buel, Burroughs, Carpenter, Carver, Eastwood, Fairlie, Ferris, Huntington, Jay, Nelson, Porter, President, Rogers, Russell, N. Sanford, R. Smith, Steele, Ten Eyck, Townsend, Ward, Wheaton, E. Williams, Woods-27.

The 7th section passed, with an amendment, making it imperative on the present legislature to apportion the members of the assembly according to the last United States census.

The 8th section (relative to originating bills) passed without amendment. The 9th section (relative to compensation of the members of the legislature,)

was read.

MR. TOMPKINS moved to strike out the words from" and," in the 6th line, to the word "thereof," in the 11th, embracing the clause which prohibits the legislature to increase their wages beyond the sum of $3 per day.

MR. SHELDON called for the ayes and noes; and in making this call, he opposed at considerable length the motion of Mr. Tompkins. He believed three dollars a day was an adequate compensation for members; and it was well to place a check upon those who might feel power and forget right.

MR. TOMPKINS thought we were belittleing ourselves, by courting popularity in this way. The prices of labour and the expense of living were constantly varying. It might happen that the services of a member of the legislature would hereafter be worth five, six, or seven dollars a day; and yet we were about to tie up the hands of the legislature for perhaps half a century.

MR. BRIGGS did not differ much from the gentleman from Montgomery, (Mr. Sheldon) but it would in his opinion be imprudent to shackle the legislature with a constitutional provision of this kind.

MR. VAN VECHTEN proposed a modification of Mr. Tompkins' motion, by including the whole section after the word “and”; to which Mr. T. assented. MR. Ross was unwilling we should manifest so much distrust of future legislatures, although he had no particular objections to the section as it now stands. Mr. CHILD was sorry to see so many amendments proposed at this late hour. If we recommenced the work of amendment in this way there would be no end to our labours. There were some things he would wish to see altered, such as the mode of electing sheriffs, &c.

MR. BIRDSEYE made a few remarks against a clause of this kind. It was entering too much into detail.

MR. WHEELER then moved to strike out all that part of the section, which follows the word per day"-so as to limit the maximum at three dollars permanently in the constitution.

Whereupon Mr. Tompkins suspended his motion, and after some discussion by Messrs. Fairlie and Burroughs, the question on Mr. Wheeler's motion was taken by ayes and noes, and carried in the affirmative, as follows:

AYES-Messrs. Baker, Bacon, Bowman, Buel, Carver, Child, Clyde, Collins, Cramer, Dubois, Duer, Edwards, Ferris, Hallock, Hogeboom, Hurd, Jones, Knowles, A. Livingston, Munro, Pike, Pitcher, Porter, President, Pumpelly, Reeve, Richards, Rockwell, Rogers, Rosebrugh, Sanders, N. Sanford, Seely, Sheldon, R. Smith, Stagg, Starkweather, I. Sutherland, Ten Eyck, Townley, Townsend, Tuttle, Van Buren, Van Horne, J. R. Van Rensselaer, Verbryck, E. Webster, Wheeler, Woodward, Wooster, Yates, Young.-53. NOES-Messrs. Barlow, Beckwith, Birdseye, Briggs, Brinkerhoff, Brooks,

Burroughs, Carpenter, Case, D. Clark, R. Clarke, Dyckman, Eastwood, Fair lie, Frost, Howe, Hunter, Hunting, Huntington, Jay, King, Lansing, Lefferts, P. R. Livingston, M'Call, Millikin, Moore, Nelson, Park, Paulding, Radcliff, Rhinelander, Root, Rose, Ross, Russell, Sage, R. Sanford, Schenck, Seaman, Sharpe, I. Smith, Steele, Swift, Sylvester, Taylor, Van Fleet, Ward, Wendover, Wheaton, N. Williams, Woods.-50.

MR. TOMPKINS then renewed his motion to strike out the words " and no law shall be passed increasing the wages of the legislature beyond the sum of three dollars per day," on which the question was taken by ayes and noes, and decided in the negative, as follows:

NOES-Messrs. Bacon, Baker, Barlow, Brooks, Buel, Carpenter, Carver, Case, Child, Clyde, Collins, Cramer, Dubois, Duer, Dyckman, Edwards, Ferris, Hallock, Hogeboom, Howe, Hunt, Hurd, Jones, King, Knowles, Lansing, A. Livingston, P. R. Livingston, Millikin, Moore, Munro, Pike, Pitcher, Pumpelly, Reeve, Rhinelander, Rockwell, Rogers, Rose, Ross, Sage, Sanders, N. Sanford, Seaman, Scely, Sheldon, R. Smith, Starkweather, I. Sutherland, Taylor, Ten Eyck, Townley, Townsend, Van Buren, Van Fleet, Van Horne, J. R. Van Rensselaer, Verbryck, E. Webster, Wheeler, Woods, Woodward, Wooster, Yates, Young.-64.

AYES-Messrs. Birdseye, Bowman, Briggs, Brinkerhoff, Burroughs, R. Clarke, Fairlie, Fenton, Frost, Hunter, Hunting, Huntington, Jay, Lefferts, M'Call, Nelson, Park, Paulding, Porter, President, Radcliff, Root, R. Sanford, Schenck, Sharpe, I. Smith, Stagg, Steele, Swift, Sylvester, Tuttle, Ward, Wendover, Wheaton, N. Williams.-37.

MR. WHEATON moved to strike out the word "wages" and insert “compen sation," and to insert" members of the," so as to read "compensation of the members of the legislature." Carried.

MR. NELSON then moved to strike out "three" and insert "two," (dollars) as the maximum of the pay of members. He had uniformly voted against fixing the compensation of the legislature, but if any sum were fixed, he would prefer two dollars to three.

The question was taken by ayes and noes, and decided in the negative, 67 to 39, as follows:

NOES-Messrs. Barlow, Brinkerhoff, Brooks, D. Clark, R. Clarke, Collins, Dubois, Duer, Dyckman, Edwards, Fairlie, Fenton, Ferris, Frost, Hallock, Hogeboom, Hunt, Hunting, Jay, Jones, King, Knowles, Lansing, Lefferts, A. Livingston, P. R. Livingston, Millikin, Moore, Munro, Paulding, Pike, Porter, Rhinelander, Richards, Rockwell, Root, Ross, Russell, Sage, N. Sanford, Seaman, Seely, Sharpe, Sheldon, R. Smith, Stagg, Starkweather, Steele, I. Sutherland, Swift, Sylvester, Ten Eyck, Townley, Townsend, Tuttle, Van Buren, Van Horne, Van Ness, Van Vechten, Verbryck, Ward, E. Webster, Wheaton, Wheeler, N. Williams, Wooster-67.

AYES-Messrs. Bacon, Baker, Beckwith, Birdseye, Bowman, Briggs, Buel, Burroughs, Carpenter, Carver, Case, Child, Clyde, Cramer, Eastwood, Hunter, Huntington, Hurd, M'Call, Nelson, Park, Pitcher, Pumpelly, Radcliff, Reeve, Rogers, Rose, Rosebrugh, Sanders, R. Sandford, Schenck, I. Smith, Taylor, Van Fleet. J. R. Van Rensselaer, Wendover, Woods, Woodward, Yates, Young-39.

The section then passed without further amendment.

The tenth and eleventh sections (prohibiting members of the legislature from receiving appointments from this state or United States) passed as report

ed.

The twelfth section (requiring all bills which have passed the two houses to be presented to the governor) was read.

MR. DUER moved to strike out the words "in which case it shall not become a law," which follow the adjournment of the legislature, as being unnecessary. Lost.

MR. CRAMER moved to strike out ten and insert five, giving the governor five days instead of ten, for returning bills with his objections. Lost.

The 13th, 14th, 15th and 16th sections (relative to elections, the political