damnable doctrine, that the pope, or any other earthly authority, has power to absolve men from sins described in, and prohibited by, the Holy Gospel of Jesus Christ; and, particularly, that no pope, priest, or foreign authority on earth, has power to absolve them from the obligation of this oath.' This clause was warmly debated, and when the question was put, it was carried in the negative, there being nineteen votes against it, and ten for it, and one county divided. The next day Mr Jay renewed his proposition in the following modified shape; provided that the liberty of conscience hereby granted shall not be construed to encourage licentiousness, nor be used in such manner as to disturb or endanger the safety of the State.' This passed in the affirmative, but was afterwards amended on the motion of Mr Morris, so as to read in the closing part thus ;—' or justify practices inconsistent with the peace and safety of this state.' This language is retained in the new constitution, and is the legal basis of toleration in the State of New York. Mr Morris struggled hard to introduce another article, in which he had the hearty co-operation of Mr Jay and some others, and the purport of which was, that it should be earnestly recommended to the future legislature of New York, to take effectual measures for abolishing domestic slavery, as soon as it could be done consistently with public safety, and the rights of private property, so that in future ages every human. being, who breathes the air of this State, shall enjoy the priv ileges of a freeman.' His idea was, to make a declaration to this effect an article in the constitution, but, although it met with favor, it did not succeed. After all parts of the constitution had been critically canvassed, and agreed to in their order, the whole was read, (April 20th,) and adopted by every person present, with the exception of a single member, who desired his dissent might be entered on the minutes. With this act, the instrument became binding on the State, for there was no provision, by which it was to be submitted to the people for their acquiescence or rejection, as has been the uniform custom in more recent and tranquil times. This practice seems essential, indeed, to the validity of a constitution in a free government, which is no other than the voice of the people, dictating to themselves and to each other the terms, on which they agree to associate, and submit to the restraints and regulations of a civil compact. No doubt they have a right to prescribe the mode, by which the governing system shall be formed, and to delegate to a few the power of erecting it, and to consent beforehand to yield obedience to the skill and wisdom of these few, as much as in the case of a legislative act, or judicial decision; yet such a prodigal concession of power, without reserving any check upon its use, or control over its influence, is neither safe, nor judicious, nor consistent with the fundamental principles of political liberty in a democratic state. A constitution is in its nature a perpetual bond, unsusceptible of change, unyielding in the obligations it enjoins. A despot may frame it at his will, and make it what he pleases; custom may weave into its web many absurdities and impositions, which cannot be removed without marring its texture, or perhaps destroying its fabric altogether; but a constitution, emanating from the volition of a free people, is essentially their own workmanship, and should pass in all its details under their strict scrutiny, before it is set up as the imperious guardian of their liberties, and arbiter of their civil and social destiny. The closing lines of Mr Jay's letter to Mr Morris and Mr Livingston, alluded to above, contain a few hints equally creditable to himself, and interesting, as the index of some of his opinions. The difficulty of getting any government at all,' says he, 'you know has long been an apprehension of little influence on my mind; and always appeared to be founded less in fact, than in a design of quickening the pace of the House. The other parts of the constitution I approve; and only regret that, like a harvest cut before it was ripe, the grain has shrunk. Exclusive of the clauses, which I have mentioned, and which I wish had been added, another material one has been omitted viz. a direction that all persons holding offices under government should take an oath of allegiance to it, and renounce all allegiance and subjection to foreign kings, princes and states, in all matters ecclesiastical as well as civil. I should also have been for a clause against the continuation of domestic slavery, and the support and encouragement of literature, as well as some other matters, though perhaps of less consequence. Though the birth of the constitution was in my judgment premature, I shall nevertheless do all in my power to nurse and keep it alive; being far from approving the Spartan law, which encouraged parents to destroy such of their children, as, perhaps by some gross accident, might come into the world defective or misshapen.' CHAPTER VIII. CLINTON.-- MORRIS VISITS PLAN FOR ORGANIZING THE NEW GOVERNMENT.-GOVERNOR AND REGU THE first act of the Convention, after the finishing hand had been put to the constitution, was to appoint a committee to prepare a plan for organizing the new government. Livingston, Scott, Morris, Yates, Jay, and Hobart were the members of this committee, and their plan consisted in providing for the elections, by the people, and the temporary appointments of a chancellor and judges, that the courts of justice might go speedily into operation.* They also advised a Council of Safety, consisting of fifteen members, vested with all the powers necessary for preserving the safety of the State, till the constitutional legislature should be convened. Mr Morris was likewise one of this Council. Its duties are but imperfectly defined. The Convention fixed and published the time of elections, and returns were ordered to be made to the Council of Safety. It was their business to examine the votes, and de * Robert R. Livingston was elected chancellor; John Jay, Chief Justice; Egbert Benson, Attorney General. These appointments, together with those of the judges in the several counties, were made by the Convention, to continue in force till the legislature should meet, and the constitutional power of appointments should be organized. clare who were chosen, and also to administer the oaths of office. On the ninth of July all the returns had been made, and it was ascertained that George Clinton was chosen governor. He was sworn into office on the thirtieth of the same month, at Kingston, but he was then in the active command of the New York militia, and did not quit the field till after the defeat of Burgoyne, although he was at the same time in correspondence with the Council of Safety, and discharged through them all the necessary civil functions of his station. The Convention adjourned, or dissolved, and left affairs in the hands of the Council till the legislature convened, according to the provisions of the constitution. While these things were going on in the heart of the state, a new alarm broke out on the northern frontiers. The evacuation of Ticonderoga by St Clair spread the greater panic and surprise, as it was unexpected, and least of all imagined, that he would make a precipitate abandonment and retreat, without a single faint effort to maintain his post, and hold the enemy in check for a time, if not to present a formidable barrier to his progress. The actual force and condition of St Clair's army had been overrated by the public. Hopes were raised high, the eyes of the nation were turned upon Ticonderoga, and when the news of the retreat went abroad, the disappointment was extreme, and the loud voice of complaint and censure, against the unfortunate general, was reiterated from one end of the continent to the other. Time proved that he had acted the part of a judicious and skilful officer; but the excitement of the moment was so great, caused by chagrin on the one hand, and alarm on the other, that all eyes were blind, and all ears deaf, to the true reasons of the case, and even to the palliating circumstances. It was enough, that this great frontier barrier was lost, and that the enemy was marching rapidly onward. The terror of his approach was particularly felt in the State of New York, which threatened to become the theatre of his ravages, his success, his triumph; and, as ill luck seldom comes |