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APPENDIX.

Thomas Deering,
David Gelston.

Ezra L'Hommedieu.

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QUEENS.

Jonathan Lawrence,

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5

CHARLOTTE,*

LOTTE,

John Williams,

Alexander Webster,

William Duer.

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Simeon Stephens.

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GLOUCESTER.*

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It does not appear from any entry on the journals, or from any papers now to be found, that the members elected in these two counties, (if any) ever attended the provincial congress, or the Convention, after the 30th June, 1776. Before that period I find that Messrs. Bancker and Lawrence were in the provincial congress, from Richmond; and in the month of June, 1776, I find that Messrs. Journey, Conner, and Cortelyou were occasionally attending from Richmond, and Messrs. Lefferts, Polhemus, and Couenhoven, from Kings.

So that the whole number elected to the Convention was 96-the number of those who attended while the Constitution was under consideration, is 66. But no inference unfavourable to the patriotism or punctuality of the other 30 is justly to be drawn from the circumstance of their non-attendance at this period; any more than against Messrs. L'Hommedieu and Tompkins, who attended but two or three days, or against Messrs. Duer, Jonathan Platt, and John Van Courtlandt, who attended but four or five days during said time. For many of the members elected were soon after appointed to other offices, or sent on other urgent business, some of which required their occasional, and some their whole attention. Mr. Comfort Sands was, soon after the Convention met, appointed auditor general of the state, and in addition to that arduous duty, was afterwards directed to act as paymaster-general. Mr. A. Yates, jun. and Mr. Tayler, (the present lieutenant-governor) who attended but eight or ten days of the aforesaid period, were on other important business; at one time as a committee from the Convention, waiting on General Washington, General M'Dougall, and other commanding officers, at their head quarters. General Woodhull had been slajn on Long-Island, in the invasion of the British in August, 1776; some members were appointed to oversee the building of vessels; some to procure ammunition and arms; some to attend the armies; and some sitting as a committee of safety, while the main body were de

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Tryon county consisted of the territory westward of the then county of Albany, and Charlotte county of all northward of the same. The former was afterwards called Montgomery, the latter Washington. Cumberland and Gloucester counties consisted of the territory, then called the New-Hampshire Grants, and now constituting the state of Vermont. The whole population of the state at that time, did not exceed 200,000.

liberating as a Convention. The members from Queens were in general necessarily detained from the Convention by the peculiar situation of Long-Island. Col. (afterwards Gen.) Bayley, of Gloucester county, was mostly employed in protecting and defending the frontier on Connecticut river against the Indians; and some of the members of this Convention were at the same time delegates to the Continental Congress, especially Messrs. Jay, Duane, and R. R. Livingston. And there is little doubt, that all the difficulty relative to the names of the members of congress who signed the Declaration of Independence, and the others not signing it who were members, and who signed it, though not in their places on the 4th of July, (which has caused so much newspaper discussion) could be solved at once, if all the facts in relation to the occasional nonattendance of some members, and absence of the signatures of others, could be minutely and truly ascertained.

The late chancellor Livingston is well known to have been sent from congress into this state to prepare the minds of the people for the Declaration of Independence. Gen. George Clinton was sent hither from congress to take the field; and Mr. Jay was probably in congress when the Convention (6th March) required the committee, of which he was chairman, to report their plan of government, and we find him attending the Convention soon after the report was brought in by Mr. Duane, and from that time till the Convention dissolved. Col. Broome, Gen. Scott, and others were also in the field with their troops, except when the situation of the enemy safely permitted their attendance in the Convention.

Of this list of members of that Convention, I believe but seven or eight are now living. One of these has obligingly given me his assistance in naming the survivors, who are Messrs. Jay, Tayler, (our lieutenant-governor,) J. C. Tompkins, (father of the Vice-President) Wm. Paulding,) father of General Wm. Paulding, jun. of this city) C. Sands, C. Tappen, and D. Gelston".

The original constitution of 1777, as engrossed by the secretary, and signed by the President, pro tempore, has lately been deposited in the office of the secretary of state. It is in a shattered condition, with many interlineations and erasures. Some of the articles are written in the margin, and the 27th and 28th sections, as well as a part of the preamble, are wanting, having been written, as is supposed, on detached pieces of paper, which may hereafter be found among the original minutes.

By the politeness of Mr. Yates, secretary of state, the compilers have been able to add the following interesting particulars, contained in a letter from John McKesson, Esq. under date of November 3d, 1821 :

"The constitution was passed on the evening of Sunday the 20th of April, the President, General Ten Broeck, being absent, and the Vice-President, General Pierre Van Cortlandt, being detained by adverse weather on the opposite side of the river-General Leonard Gansevoort acting as President, pro tem.

The secretaries have concurred in stating, that they used all their influence to prevent the final question being met that evening, the President and VicePresident being absent, and as they wished to engross a proper copy for signature. Their remonstrance, however, was unavailing. The question was put and carried with but one dissenting voice, and the draft under discussion, which had been amended during the day, was signed by the president, pro tem. The secretaries, indulging some feeling on the occasion, did not countersign said draft, which accounts for the original and the copies therefrom not having their attestation.

The same night the constitution was adopted, the Convention appointed Robert R. Livingston, General Scott, Mr. Morris, Mr. Abraham Yates, Mr. Jay, and Mr. Hobart, a committee to report a plan for organizing and establishing the form of government.

They next directed, that one of their secretaries should proceed to Fishkill, and have five hundred copies without the preamble, and two thousand five. hundred with the preamble, printed; and instructed him to give gratuities to

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the workmen to have it executed with despatch. My deceased uncle under took this duty.

They then resolved, that the constitution should be published at the Court House, in Kingston, on Tuesday morning, then next; of which the committee of Kingston were notified. This duty was performed by Robert Benson, the other secretary, from a plat-form erected on the end of a hogshead, VicePresident Cortlandt presiding. From this time to the 8th of May, the Convention were occupied for the public safety. On that day, they promulgated their ordinance for organizing and establishing the government, having in the mean time filled up provisionally the offices, necessary for the execution of the laws, distribution of justice, and holding elections."

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proposition of, relative to entails, lost, 580
proposition of, relative to the clergy
holding certain offices, lost,

remarks of, on the Governor's term of

on the bill of rights, 169, 172
on the appointing power,

to arrange the amendments, and re-
commend the mode in which they
shall be submitted to the people, and
their report,

625

584

discussion of their report,

625-628

adoption of the report,

628

of three, to consolidate the amend-

145, 149

ments with what remains of the

old constitution,

627

353

their report,

650

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