and amend

IX. And be it further enacted, That the proceedings of the said con- Proceedings vention, shall be filed in the office of the secretary of this state, and when to be filed, the determination and propositions of the said convention shall be en- ments how to be tered of record in the same office. And that it shall be the duty of submitted, &c. the said convention, to submit their proposed amendments to the de cision of the citizens of this state, entitled to vote under this act, to gether, or in distinct propositions, as to them shall seem expedient. And that the said convention shall prescribe the time and manner of holding an election for such purpose, and the mode of canvassing, and determining the result, and all the regulations necessary thereto. And that all sheriffs, officers, inspectors, and persons in authority Duty of sheriffs, within this state, shall, in respect to the said election to be prescribed &c. by the said convention, and all regulations necessary thereto, exercise every power and authority, as in relation to annual elections; and shall be paid in like manner, and shall receive a like compensation therefor; and shall obey and conform to the prescriptions of the souvention, in that behalf, under the penalty upon each and every Penalty person wilfully neglecting or refusing, of one thousand dollars for each offence, and imprisonment not exceeding one year; and for any mal or corrupt conduct in the premises, each and every such person shall be disabled to hold any office of honour, trust, or profit, under the authority of this state. And the propositions of such convention, When amend which shall be approved by a majority of the votes at such election, ments declared shall be deemed and taken to be a part of the constitution of this tution. state; and that the propositions which shall not be so appoved, shall be considered void and of none effect.

a part of consti

X. And be it further enacted, That all wilful and corrupt false False swearing swearing, in taking any of the oaths prescribed by this act, or at or declared perin relation to the election to be directed by said convention, shall be jury. deemed perjury, and shall be punished in the manner now prescribed

by law, for wilful and corrupt perjury.

XL. And be it further enacted, That it shall be the duty of the secre- Duty of seeretary of this state, forthwith to cause this act to be published in all tary of state in the public newspapers printed in this state, and to cause the same publishing, &c. to be printed and distributed to the clerks of the respective counties, by transmitting to such clerks with all convenient speed, as many copies as shall be equal to ten times the number of towns and wards in such county: and the said clerks shall immediately deliver ten copies thereof to the inspectors of election in each town of the county: and the expense of such publication, printing, and distribution, shall be paid by the treasurer, on the warrant of the comptroller.

AN ACT

To amend an act, entitled "An act recommending a Convention of the People of this state."

Passed April 3, 1821.

L DE it enacted by the People of the State of New-York, represent

Bitten by and doembly, That the clerks of the several Duty of the

vassers.

counties of this state shall make their returns of transcripts of cer- county clerks ificates of election to the secretary of this state, as required by the and of the enact, entitled "An act for regulating elections," and the act hereby amended, on or before the twenty-first day of May next; and the sad secretary shall, on or before the twenty-third day of the same month, in conjunction with the surveyor general, attorney-general, comptroller, and treasurer of this state, attend at the secretary's of£ce, to be notified for that purpose by such secretary, and perform all and singular the duties required of them by the acts aforesaid, and shall within three days after such meeting, decide upon and

Duty of sec'ry of state.

Officers author

ised to adminis

to canvassers.

complete their proceedings, agreeable to the requirements of said acts, any thing in the act hereby amended, or the act entitled “ An act regulating elections," to the contrary notwithstanding.

II. And be it further enacted, That it shall be the duty of the secretary of state to transmit by express a copy of the certificate required to be transmitted by the fourth section of the act entitled "An act recommending a convention of the people of this state," passed March 13, 1821, to the sheriffs of the respective cities and counties of this state, in case it shall appear to the secretary, surveyor-general, attorney-general, comptroller, and treasurer, to be necessary to adopt that course, in order to give effect to the said act, and the expense of such express or expresses shall be paid by the treasurer, on the certificate of the secretary, and on the warrant of the comptroller.

III. And be it further enacted, That any mayor, recorder, judge ter certain oaths of any court of common pleas, clerk of any county, or any commissioner authorised to administer oaths, shall have full power and authority to qualify the canvassers of the votes given at any election, and returned to the secretary's office, for governor, lieutenantgovernor, senators, members of congress, or of the votes given for or against a convention of the people of this state.

URSUANT to the preceding Act, recommending a Convention of the Peo

at

of Albany, at 12 o'clock. At one o'clock, GEN. E. ROOT, addressed the members, and having stated the general outlines of the law, proposed that the clerk of the Senate, (who was in attendance pursuant to the provisions of the act, and who had been furnished by the Secretary of State, with a list of the members as returned to his office from the several counties,) should call the roll. This course was adopted without opposition; and it appeared that the following gentlemen had been elected to constitute the Convention, viz :

Counties of Allegany and Steuben. Peter R. Livingston,

Timothy Hurd,

Abraham H. Schenck,

James M'Call.

Elisha Barlow,

County of Broome.

Isaac Hunting.

Charles Pumpelly.

County of Essex.

Augustus Porter.

Counties of Cattaraugus, Erie, &c. Reuben Sanford.

County of Chenango.

County of Genesee.

Nathan Taylor.

Sanders Lansing,

GEN. ROOT thereupon moved that the Convention proceed to the election of a President, and that two persons be appointed as Tellers to count the votes. The motion was adopted, and Messrs. Birdseye and Sharpe were appointed Tetlers.

The votes having been received and counted, were declared to stand as follows:

GEN. ROOT and CHANCELLOR KENT were then designated as a committee to conduct the President elect to the chair; which being done, he rose and addressed the Convention as follows:

GENTLEMEN,

"Permit me to express to you my thanks for the testimony of your confidence at the present time, in selecting me to preside over your deliberations. Be assured, gentlemen, that I fully appreciate the honour you have conferred. In accepting the trust you have reposed in me, I have only to remark, that you may rely upon the exertion of my best ability to perform it with all that fidelity and impartiality of which the circumstances will be susceptible, and with all that delicacy to your respective feelings and opinions, that is consistent with the proper regulation of this honourable body."

On motion of MR. KOOT, the Convention then proceeded to the election of two Secretaries by ballot. The ballots having been received and counted, JOHN F. BACON, Esq. of the city of Albany, and SAMUEL S. GARDNER, Esq. of the city of New-York, were declared to be duly elected.

On motion of MR. FAIRLIE, it was ordered, that a committee of five be appointed to prepare rules and regulations for the government of the proceedings of the Convention. Messrs. Fairlie, Spencer, (Chief Justice) Sharpe, Munro, and N. Williams, were appointed said committee.

On motion of GEN. ROOT, the Convention next proceeded to the choice of a Sergeant at Arms. The votes being taken and counted, HENRY FRYER, Was declared to be elected.

On motion of GEN. S. VAN RENSSELAER, the Secretaries were directed to wait on the clergy of this city, and procure one of them on each morning, to open the sittings of the Convention with prayer.

And then the Convention adjourned until to-morrow morning at 11 o'clock.

WEDNESDAY, AUGUST 29, 1821.

Prayer by the Rev. DR. CHESTER. The President took the chair at 11 o'clock, and the minutes of yesterday were read and approved.

MR. FAIRLIE from the committee appointed yesterday to prepare rules and regulations for the government of the proceedings of the Convention, reported in part.

Chief Justice SPENCER moved that the report be read and considered by paragraphs. Adopted.

By the first rule, as reported, it was provided that after calling the Convention to order in the morning, "the names of the members be called."

COL. YOUNG moved to strike out these words, upon the ground that it was unnecessary, and would occupy considerable time. After a few remarks from the mover, the Chief Justice, Mr. Van Buren, and Gen. Root, the motion was adopted.

Some discussion arose upon the 18th rule as reported, which prohibited any member from speaking more than twice upon any question, when in committee of the whole. A few brief remarks were made by Col. Young, the Chief Justice, Gen. Tallmadge, Gen. Root, and Messrs. Van Buren and Fairlie; and it was agreed to make an exception in the 20th rule, so as to allow an unlimited freedom of debate in committee of the whole. Some other trifling amendments were made, and the report of the committee was adopted as follows :