sold at will. This was a decided gain for the "Antirenters."

Excitement Subsides.-Governor Young pardoned all the Antirent prisoners (Jan., 1847) still confined. The Court of Appeals decided all forms of feudal tenure illegal, though the titles and right to rent were acknowledged (1852). Gradually the renters bought their farms, until to-day the number on lease in these counties is no larger than in other states. Thus the excitement

died out.

CHAPTER XXXVIII.-THE CONSTITUTION OF 1846

Constitutional Amendments.—The constitution of 1821 served as the fundamental law of the state for twenty-five years, but came into disfavor more and more with the growth of the state. Under this constitution ten amendments had been ratified by the people. Their general tenor was to extend the franchise and to regulate taxation. Presidential electors were ordered chosen by districts (1845). Justices of the peace were elected by the people (1826). The mayor of New York City was chosen by popular vote (1833), and soon the change was extended to other cities (1839). Property qualification for office was also removed (1845).

New Constitution Demanded.-By 1845 the balance of power had shifted from the rural districts to the cities and towns. It was felt that too much power was in the hands of the governor and senate. The court of chancery needed reorganization. Better supervision of the

The

public debt was demanded. A clamor had arisen for better laws. Therefore Governor Wright in his message suggested a constitutional convention. The "Hunkers," for fear of losing their power, opposed it. The radical Whigs, who constituted a majority of the party, favored it and wished to make it a political issue. Native Americans and likewise the "Antirenters" championed it. Under the leadership of Governor Young, the legislature submitted the question to the people, who voted for it-213,257 to 33,860 (Nov. 4, 1845).

Constitutional Convention. The convention was called accordingly to meet June 1 at Albany. The Democrats had a majority of the 128 delegates. There were 45 lawyers, 43 farmers, 12 merchants, 8 physicians, and 6 mechanics present. At least 53 were not native New Yorkers. Many great men were in the convention. Ira Harris, Charles O'Conor, Samuel J. Tilden, William C. Bouck, and James Tallmadge were the only members who had also attended the convention of 1821.

The Changes made to improve the social and political condition of the state were many and important. The principle of democracy was asserted, and a bill of rights guaranteed liberty to individuals. The ballot was given to all white male citizens. The senate was increased to 32, and the assembly to 128. All voters were eligible to office. The power of appointment was taken from the governor and legislature and given to the people. The courts were reorganized and made dependent directly upon the voters, as was also the right of the legislature to contract state debts. The constitution was

ratified by a vote of 221,528 to 92,436 (Nov. 3), and democracy had made another great advance.

Later Amendments.-This constitution, amended from time to time to give the people more power, lasted till 1894. A free-school law was passed by an amendment (1849), the canals were ordered completed (1854), a loan of $2,500,000 was authorized to pay off the floating debt (1859), absent soldier electors were allowed to vote (1865), and the judiciary was reorganized (1867, 1872, 1879, 1882). All tolls on canals were abolished (1882), and local governments were restricted in their power to incur debts to ten per cent of their assessed values (1884).

New York in the Mexican War.-Meanwhile the Mexican War was fought over the annexation of Texas by the United States (1845). New-Yorkers played a prominent part in the partition of Mexico. Marcy was Secretary of War. Commodore Sloat of New York City captured Monterey, the old Mexican capital. General Stephen Watts Kearny marched 1,600 men 1,000 miles through the desert and took Santa Fé. Philip Kearny was the first soldier to enter the gates of Mexico, though it cost him an arm. General Worth made a brilliant record, and General Wool raised 12,000 volunteers in less than six weeks. fame and a name for themselves. slow to act. The legislature at once authorized the governor to raise 50,000 volunteers, and appropriated $100,000 for expenses.

Many others won The state was not

Political Results of the War.-The Whigs strongly opposed the annexation of Texas and the extension of slavery. Van Buren, Wright, and their followers took

the same view. Another faction, composed mostly of Democrats, denounced the popular protests against slavery, an institution recognized by the constitution. Polk's election and the Mexican War led to a schism in the Democratic party over slavery. One faction, led by Van Buren, Wright, Dix, and Flagg, denounced the war as one "for the extension of slavery," and were called "Barnburners," "Radical Democrats," and later "Freesoilers." The other faction, the "Hunkers," the "northern men with southern principles," led by Dickinson and Marcy, favored the annexation of Texas.

State Election of 1846.-In the Democratic state convention (Oct., 1846) the "Barnburners," outnumbering the "Hunkers," renominated Wright and Gardiner, and hoped the war would soon end. The new constitution was also approved. The Whigs renominated Young and Fish (Sept. 23). The Liberty party and the National Reformers made Bradley and Chaplin their leaders. Ogden Edwards was the candidate of the Native Americans, while the Antirenters supported Young, a Whig, and Gardiner, a Democrat. The lastnamed candidates were elected governor and lieutenantgovernor, respectively, by large majorities. The Antirent vote, Governor Wright's veto of the canal bill, the inactivity of the Hunkers, and the war policy of President Polk caused the defeat of the Democrats.

CHAPTER XXXIX.—THE ERA OF RAILROAD BUILDING

First Railroad. The crooked Indian trails and winding waterways early gave way to crude roads for travel across the state. These in turn were replaced by canals and turnpikes. Then came the revolutionizing railroad. The legislature of New York granted the first charter for a passenger railroad in America from Albany to Schenectady (1826). General Stephen Van Rensselaer, president of the new company, broke sod for the road with a silver spade (July 29, 1830), and 2,000 men began to work. The rails were wooden with iron strips on top. On August 10, 1831, the new road was opened and two days' travel had been reduced to two hours.

Railroad Engines.-In 1829 C. E. Detmold received a premium for a horse-locomotive, and an English steamengine was exhibited in New York City. The next year at the West Point foundry Detmold built for a southern road the first two practical locomotives in America. The third engine made was for the Mohawk and Hudson Railroad Company. A "grand excursion," the first of its kind, took place September 24, 1831, at which this prophetic toast was given: "The Buffalo railroad! May we soon breakfast in Utica, dine at Rochester, and sup with our friends on Lake Erie!" Soon the "De Witt Clinton and the 'John Bull” engines were running over the 12 miles, with stage coaches on trucks, in an hour and thirty-five minutes. Coke was used for fuel. In a short time "Brother Jonathan" made the trip in thirty-four minutes.

Railroad Convention.--The railroad craze soon took