the one case as well as the other, time and opportunity must be allowed for the due consideration and performance of the duties of the agent. The time and opportunity should bear a due proportion to the magnitude of the trust, or of the duties to be performed. If the duties are few and unimportant, the time for their execution may, without injury, be short; if otherwise, and the confided power be great and complicated, sufficient opportunity should be allowed to the agent, not only to become acquainted with such duties, but for the discharge of the same; and it would be unwise to interpose to require an account before such opportunity shall have been afforded. What would have been the effect of the annual election of governor during the late war; what may it not be in some future war? The governor not only exercised the duties of his office, but, in addition, a great military authority was confided to him by the United States; and this at a period when we were invaded, or apprehended we should be, on both the frontiers of the state,—on that which lies on the ocean, as well as that which borders on the lakes. Would an election, in the midst of the campaign, have been prudent: would it have been safe? The political year will commence with the calendar year, and our elections are to be held in October or November. Suppose the governor again to be employed as he was during the late war; admit that the people may be divided on the expediency of the war, or concerning the re-election of the governor; be entered on office in January, and the election is to follow in October or November; will the governor have had sufficient time and opportunity, in the ten months during which he shall have been in office, to shew that he is worthy, or unworthy, of being re-elected? He commands the militia called into the public service, and is in the midst of the campaign; ought he, in these circumstances, to be called to account, or is it expedient that he should be obliged to attend to his re-election? Another view of this subject may be taken, which cannot be disregarded by men of moderation. The present term for which the governor is chosen, is three years by a vote of the Convention, this term is to be reduced; and the question now is, whether it shall be for two years, or for one. Those, who were satisfied with the term of three years, will be content to reduce it to two years. And will not those, who prefer an annual election, yield something on their part; and, by mutual concession, nay we not reasonably expect, that we shall all unite in establishing the governor's term at two years? CHIEF JUSTICE SPENCER did not rise to enter into a discussion of the subject; but merely to remind the committee of the manner in which this question had been twice before decided. It was first determined that the term should be two years; and afterwards, at a time when fifteen or twenty members were absent, it was determined that it should be one year; but he was satisfied that a majority of the members now in the house were in favour of two years. With respect to the remarks of the gentleman from Delaware, he was satisfied they would not be considered conclusive on this subject. COL. YOUNG remarked that when the question was first presented he was absent. He had afterwards voted for one year as the term of the governor's service; but although he had sometimes hesitated on the question, yet when he reflected that the power of the governor could only be brought to bear upon the officers of the state during the first year of his term, there was reason to apprehend that before the second year came round, the relations between him and the people would be so little effective, that he would be entirely forgotten, and that he might not be thus absolutely forgotten, he was in favour of an annual election. Sir, said he, before the two years shall have expired, many of the officers of your distant counties will not know who the governor is. MR. Ross. Permit me, sir, to express my views, in a few words, on the subject of the executive term, now before the Convention. I entirely accord in the sentiments expressed by my honourable friend from Saratoga, (Col. Young,) that it is all important that we proceed with the most deliberate caution, in revising what we have heretofore adopted in committee of the whole. Sir, we have now arrived at the most critical period of our labours, and we are admonished by every consideration of prudence, and regard to the future interest of the public, to avoid precipitancy, in passing our last review, and final decisions. It may be true, that much useless debate has already been indulged, and that our constituents are tired of our protracted session, as has been alleged. But, sir, I do not believe they are so impatient to have us return, as to overlook their true interests, by a hasty revision of our proceedings. I hope we shall not be too impatient. Nothing ought to deter us from endeavouring to correct whatever may have been erroneous in our former votes. Fixing the governor's term of office at one year, instead of three as heretofore, I cannot but consider as a measure unwise and inexpedient. I am not aware, that such a measure has been called for; nor do I believe, that the term, as fixed by the old constitution, was ever the subject of complaint. But since we have already conferred additional authority upon the chief magistrate, by giving him alone a qualified negative upon legislation, and by enlarging his discretionary powers of pardon, and it is proposed, also, to give him the sole power of nominating to office, I think we may, with great propriety, reduce the term for which he shall hereafter be elected, to two years; by which means he will oftener be accountable to the people for any unfaithful execution of those trusts. In vibrating to opposite extremes, it would be well to rest at the true point of moderation; and after duly appreciating all that has been urged in favour of the different periods, I am persuaded that two years is the true medium at which the duration of that office may be safely and permanently fixed. I did believe this to be a correct opinion, and I have since seen no cause to change it. To return it to a less term than two years, would expose us to a temporizing system of policy, inconsistent with an independent and able management of the various and multiplied concerns of this great state. Instead of entering upon any extensive or liberal plans of solid improvements, calculated to promote the permanent interests of the people of this state, we should find the governor engaged in such schemes as would best answer his re-election. Indeed, one year would not afford sufficient time to accomplish any objects by which the electors would be furnished with a full and satisfactory test of his capacity, disposition, or fitness to serve them; and, therefore, they would not be so fully prepared to judge of the propriety or impropriety of his being re-elected. Various other considerations, if duly estimated, I think are entitled to weight in giving a preference to a term of two years, instead of an annual election of our first magistrate. I will notice one to which I am not aware that any reference has been made : I mean the importance of some stability in the tenure of that officer, so far as to preserve an equal rank and influence in our sister states. Other states, extensive in territory and resources, are growing up, and none of them of comparative extent and population with our own, elect their chief magistrates for a less period than from two to four years. Our executive will hardly be known or heard of in other states, if the duration of his office is to continue but for a single year. A longer period is, therefore, necessary, if we wish to preserve the relative weight and influence to which this state is entitled in the national confederacy. Besides, sir, the term of two years can never endanger the safety and rights of the people, but will give additional security, by rendering the measures of government more stable and uniform, less liable to caprice and agitations arising from frequent changes in systems of policy. I therefore hope, that the amendment for inserting two years instead of one, presented by the gentleman from New-York, (Mr. Edwards,) will succeed. I cannot but believe, that its adoption is best calculated to promote the public interest. MR. FAIRLIE replied to Mr. Young, and really thought, that the gentleman's last argument was not quite so sound as usual. If there was danger that the people would forget who the governor was, it would be best to put it on the mile-stones, and guide-boards, and perhaps, in the almanack. The question, on making the term two years, was then taken by ayes and noes, and decided in the affirmative, as follows: AYES-Messrs. Bacon, Baker, Beckwith, Breese, Buel, Carpenter, Child, D. Clark, Clyde, Dubois, Eastwood, Edwards, Fairlie, Fish, Hallock, Hees, Hunter, Huntington, Hurd, Jones, Kent, King, Lansing, Lawrence, Lefferts, Millikin, Moore, Munro, Nelson, Paulding, Porter, Pumpelly, Radcliff, Rhinelander, Rogers, Rose, Ross, Russell, Sage, N. Sanford, Schenck, Seaman. Seely, Sharpe, I. Smith, R. Smith, Spencer, Steele, I. Sutherland, Sylvester, NOES.-Messrs. Barlow, Birdseye, Briggs, Brinkerhoff, Brooks, Burroughs, MR. FAIRLIE, moved to strike out the words "natural born," and insert "native." His reasons for the motion were, that natural born, might refer to the manner of birth; but native expressed the place. Carried. MR. WHEELER moved to strike out the words "most numerous branch of the legislature." Carried. CHIEF JUSTICE SPENCER moved the following amendment; after the word "thereof," in the end of the section, add the following clause: "But if two, or more, shall be equal, and highest in votes, for governor, one of them shall be chosen, by joint ballot of both houses of the legislature; and if two, or more, shall be equal, and highest in votes, for lieutenant governor, one of them, shall in like manner, be chosen lieutenant-governor." After some discussion by the mover and Mr. Briggs, the amendment was adopted. THE CHIEF JUSTICE further moved to add the following clause :-" Contested elections for governor or lieutenant-governor, shall be determined in such manner as shall be prescribed by law." It was supported by the mover and Mr. E. Williams, and opposed by Messrs. Munro, Van Buren, and Young, and finally withdrawn by the mover. The second section was read. MR. VAN BUREN moved to insert after the word "assembly" the words, “or the senate only." The amendment was supported by the mover and Mr. Young, upon the ground that it might be necessary for the senate, with whom was lodg ed a part of the appointing power, to be contened without the other branch of the legislature. Carried. On motion of MR. YOUNG, the words "land and naval forces" were stricken out, and the words of the present constitution, on the subject of the governor's title, restored. The third section was read. MR. WHEATON moved to strike out the words, "so far as may respect his department." The governor, (said Mr. W.) ought not to be confined in his communications to the legislature, as to the condition of the state, to matters respecting the executive department. It might, and often would, become necessary for him to give them information respecting the judicial department, respecting the general administration of justice, and whatever else concerned the great interests of the state in every department. Mu. VAN BUREN opposed the motion, which was lost. The question on the third section, as amended, was then put and carried. The 4th section was read, and after much discussion, the words “and be shall hold no other office or public trust whatever" were, on motion of Mr. Young, stricken out, when the section passed without further amendment. The question was then taken on the whole report as amended, and carried in the following words : "And this Convention doth further, in the name, and by the authority, of the peoplș of this state, ordain, determine, and declare, That the supreme executive power and authority of this state shall be vested in a governor; and that statedly, once in every two years, and as often as the office of governor shall become vacant, a 1 freeholder, who shall be a native born citizen of the United States, and who shall have resided in this state five years next and immediately preceding his election, unless he shall have been absent on public business of the United States, or ot this state, and who shall have attained the age of thirty years, shall be, by ballot, elected governor; which election shall always be held at the times and places of choosing representatives in assembly, for each respective county; and the person having the greatest number of votes within the state, shall be governor thereof. "But if two or more shall be equal, and highest in votes for governor, one of them shall be chosen by joint ballot of both houses of the legislature; and if two or more shall be equal, and highest in votes for lieutenant-governor, one of them shall, in like manner, be chosen lieutenant-governor." "That the governor shall continue in office two years, and shall by virtue of bis office be general and commander in chief of all the militia, and admiral of the navy, of this state; that he shall have power to convene the senate and assembly, or the senate only, on extraordinary occasions; and, at his discretion, to grant reprieves and pardons to persons convicted of crimes, other than treason, and cases of impeach nent; in which cases, except that of impeachment, he may suspend the execution of the sentence until it shall be reported to the legislature, at their subsequent meeting; and they will either pardon, or direct the execu tion of the criminal, or grant a further reprieve. "That it shall be the duty of the governor to inform the legislature, by mes. sage, at every session, of the condition of the state, so far as may respect his department; to recommend such matters to their consideration as shall appear to him to concern its good government, welfare, and prosperity; to correspond with the government of other states, and of the United States; to transact all necessa ry business with the officers of government, civil and military; to take care that the laws are faithfully executed to the best of his ability; and to expedite all such measures as may be resolved upon by the legislature. "That the governor shall, at stated periods, receive for his services a compen. sation, which shall neither be increased nor diminished during the term for which he shall have been elected." FUTURE AMENDMENTS. The report of the committee of the whole, on the expediency of making provisions for future alterations or amendments to the constitution of this state, was then read. GEN. TALLMADGE moved to strike out the word "sir," and insert "three," as the term for notifying the proposed amendments. Carried. The report, as amended, was then passed in the following words: "And be it further ordained, in the name, and by the authority of the people of this state, That if, at any time hereafter, any specific amendment or amendments to the constitution shall be proposed in the senate or assembly, and agreed to by two thirds 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 the senators and members of assembly elected, 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 qual fied to vote for members of assembly voting thereon, they shall become part of the constitu tion of this state." THE ELECTIVE FRANCHISE. The report of the committee of the whole on the right of suffrage, and the qualifications of persons to be elected, was next read by sections. On motion of MR. BRIGGS, it was decided to divide the section, omitting the proviso. 70 MR. WHEATON moved to strike out that part of the section, which makes working on the highways a qualification for voting. The question on the amendment was taken by ayes and noes, and decided as follows: NOES-Messrs. Baker, Barlow, Beckwith, Briggs, Brinkerhoff, Brooks, Burroughs, Carpenter, Carver, Case, Child, D. Clark, R. Clarke, Clyde, Collins, Cramer, Day, Dodge, Dubois, Eastwood, Fenton, Ferris, Fish, Frost, Hallock, Hogeboom, Howe, Humphrey, Hunt, Hunter, Hunting, Huntington, Hurd, Knowles, Lansing, Lefferts, A. Livingston, P. R. Livingston, M'Call, Millikin, Moore, Nelson, Park, Pike, Pitcher, Porter, Price, Pumpelly, Reeve, Richards, Rockwell, Rosebrugh, Ross, Russell, Sage, N. Sanford, Schenck, Seely, Sheldon, Starkweather, I. Sutherland, Swift, Tallmadge, Taylor, Ten Eyck, Townley, Townsend, Tripp, Tuttle, Van Buren, Van Fleet, Van Horne, Van Ness, Verbryck, Ward, E. Webster, E. Williams, N. Williams, Wooster, Young-81. AYES-Messrs. Bacon, Birdseye, Buel, Edwards, Fairlie, Hees, Jones, Kent, King, Lawrence, Munro, Paulding, Radcliff, Rhinelander, Rogers Rose, Scaman, Sharpe, I. Smith, Spencer, Sylvester, J. R. Van Rensselaer, S. Van Rensselaer, Van Wechten, Wendover, Wheaton, Woods, Woodward-29. MR. BIRDSEYE moved to strike out the words "or shall be by law exempted from taxation." Lost. MR. SPENCER moved to strike out the words "within that year," and to insert the words" for the year next preceding." Much discussion ensued, in which Messrs. Young, R. Clarke, Briggs, Van Buren, Fairlie, Sharpe and Nelson participated. MR. SPENCER withdrew his motion, and Mr. Van Buren offered a substitute, which was rejected. MR. FAIRLIE moved to insert after the word "state,” the following clause: "or who shall be excused in consequence of being firemen in the several cities, towns and villages in this state." Carried. MR. LANSING moved to strike out that part of the section which makes doing inilitary duty a qualification for voting. A long debate ensued, in which Messrs. Lansing, Sharpe, E. Williams, I. Sutherland, Eastwood, Van Buren, and Tallmadge took part, when the question on Mr. Lansing's motion was taken, by ayes and noes, and decided in the negative, as follows: NOES-Messrs. Barlow, Beckwith, Breese, Briggs, Brooks, Buel, Burroughs, Carver, Case, Child, D. Clark, R. Clarke, Collins, Cramer, Day, Dodge, Dubois, Eastwood, Edwards, Fairlie, Fenton, Ferris, Frost, Hallock, Hogeboom, Howe, Humphrey, Hunt, Hunter, Hunting, Huntington, Hurd, Knowles, Lawrence, Lefferts, A. Livingston, P. R. Livingston, M'Call, Millikin, Munro, Nelson, Park, Pike, Pitcher, Porter, Price, Pumpelly, Radcliff, Reeve, Richards, Rockwell, Root, Rosebrugh, Ross, Russell, Sage, N. Sanford, Schenck, Seely, Sharpe, Sheldon, I. Smith, Starkweather, Steele, I. Sutherland, Swift, Tallmadge, Taylor, Ten Eyck, Townley, Townsend, Tripp, Tuttle, Van Bu ren, Van Fleet, Van Ness, Verbryck, Ward, E. Webster, Wendover, E. Williams, N. Williams, Wooster, Young-84. AYES-Messrs. Bacon, Birdseye, Duer, Fish, Hees, Jones, Kent, King, Lansing, Paulding, Rhinelander, Rogers, Rose, R. Smith, Spencer, Sylvester, Van Horne, J. R. Van Rensselaer, Van Vechten, Woods, Woodworth-21. MR. E. WILLIAMS then moved to strike out all that part of the section which makes doing military duty and working on the highway qualifications før voting. MR. PRESIDENT decided that the motion was not in order, as, those clauses had both passed in Convention. MR. KING offered the following proposition, to be inserted in lieu of the first paragraph of the first section. "That every male citizen of full age, who shall have personally resided within one of the counties of this state for six months. immediately preceding the day of |