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edited bv thio " d> wx i sq. VOI,. BRI. -W. cti)barb of JJ k’ i? • . t- i ■ B. OB t Cm . ><) ■' f, Publish, r (By Authority,) of the Lairs of the I nited States: Othve on Greene Street, nearly oppo site the Market. Issued eveiy Tuesday moinii.x, at $3 per annum No subscription taken tor less than a year and no paper discontinued, but at the option ol ths publish.';', until ail arreara jes are paid. Advertisemests conspv aously inverted at the usual rates —those not lir.Jted when handed in, will be inserted ’till forbid, ind charged accord ingly. CH \NGE OF DIRECTION. 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LIFE OF MARTIN VAN BUREN. BY WILLIAM .'l. HOLLAND. Chapter A. Mr. Van Buren is elected a Senator of I the United Slates. His participation in the Convention to amend the Constitution of New York. Speech on vesting veto power in the Governor. On the length of Governor’s tenure of office. On pre fixing a bill of rights. On the Elective , frachise. Vole on admitting coloured people to be electors. iSpcech on the appointment oljuslices o the peace. On tiie re-organiiatiou of the Supreme Court so as to eject the incumbents. On the 6lh of I ebrtiary, 1821, Air. A an Buren was appointed, by the Legislature oi New Y ork, a member ot the betiate ol the Cnited State?. In thy House ol Represen tatives lie received si.rty-n.nc votes, and Nathan Sanford ; in tiie Senate the majority for Mr. \ an Buren was eight. The Ciintoaians, together with the Feder alists, voted for .'dr. Sanlord, an expressio of their confidence lor which, it is believed, that gentleman was not remarkably grate ful. .Before attending Air. X an Buren to this dignified theatre oi action, it will be proper to examine his exertions, as a member oi a public body in his native stale, charged with the mostsolenm and responsible dudes. This public body was a convention to amend the Constitution of the State. The constitution oi the state oi New York was adopted in 177 7, ami received some amendment in 1801. it was, bower-1 er, disfigured by many defects, especially with regard to the mode of appointing to oi fice. tiie revision exercised by aCouncd over the acts of the Legislature, and the limita tions imposed upon the right ol suffrage. Thesi e obnoxious provisions became so ap parent, during the party collisions which preceeded the year 1821, that the Legisla ture in its session that year, provided, by Jaw, for the election of delegates to a con vention for the revision of the constitution. The measure was warmly advocated by Air. Van Buren, especially with reference to the extension of the right of suffrage. Accordingly, the convention was opened on the 28lli day of August, 1821. Air. Van Baren, then United S'ales Senator e- Jcct, was, unexpectedly to himself, returned as a member of the convention by the re publicans of Otsego County. The conven tion was not limited, cither in the nature or extent of its amendments, which, however, were only to become a part of the constitu- i jtution, by the subsequent assent of the peo ple. Public expectation was highly raised with regard to the results of this convention, which embraced some of the most venerable, distinguished, and active men in the state. It appeared to be their duty, almost to fix anew, the principles of government for a free people. The magnitude of the chan- j ges finally proposed even exceeded all pre vious anticipation. The executive, judi cial and legislative departments were all re modelled; and the appointing and revisory powers were placed in new hands. Sever al important miscellaneous alterations were made, and tiie right of suffrage very great ly extended. During the discussions which resuited in these amendments, ail tie- great interests o! a free people passed under review ; the principles of government Were largely deba ted; the political history of the state was retraced, and the foundation > of it, civil, religious, ami social in-titutions underwent examination. In short, the convention ex orcised the right which li.id been entrusted tothein by the sovereign people, of offering to their acceptance a constitution which w.r, to form the bail of tin ir government, ami the great charter ol their rights and lile-rtyes The active age vof Mr. Van Boren in .ptiginatirig this convenii'iii, avowedly for the extension of popular rigiits ; his con spicuous station, a. Senator elect of the United State . ; lii-promii>e,ice as the leader of a great party ; his high reputation for . * e gal knowledge; his political experience ami inl'.r.-naiioii ; and tiie confidence re pose Jin , jug gri'y ai)d talents, conspired Illi.- lll'uii trt M ( to fix public attention upon his conduct and to dux olx e upon him a iirav v responsibility. It will be impossible to embody in the present i.arriitive a complete account of his laborious services in tins convention, or, at a subsequent period, in the Senate of the I nited States. The writer will, therefore, ann to indicate his leading measures, ami the part h? took on all qiiewions of impor tance, sul joining such extracts from his speeches am; propositions as seem to illus trate his views ol tiie general principles of pofflical science, as will as the reasons ol his course in each important matter. These extracts wi.l enable the reader to form mi opinion oi liis discretion, candor am! use . tulness, ami oi the manner in which he j was accustomed to discuss questions of pn -1 i.i.c.il itnpoi lance. 1 hey will however, but imperfectly in dicate the leal amount el his laborious par ticipation in the business oi the convention. .It will be impracticable to follow him j through the tedious forms and practical de tails, indispensable to the operations of an v regularly organized deliberative body ; nor is it possible to display his assiduous industry, thorough research’ and indefati gable efforts in the committee-room. He m ver detained the convention with speak ing except vviii'ii compelled by necessity, and although, in that enlightened assembly, I his experience in public affairs and his uii ! rivalled political influence, gave him the I foremost rank, his conduct was rather dis | linguished lor its moderation, dignity and patriotism, than by any over-bearing exer cise of tiie power conferred by his favorable position. The proceedings of the conven tion have been laid before t e public in a separate volume, and whoever refers to it, " ill find the speeches ol Mr. \ an Buren to be among the ablest it contains. The clear ness and comprehensiveness displayed in his ■ discussions ol the great principles of go i yernment; the soundness, justice, and mo- - deration ol his views of the important ques ( lions w hich arose in the convention, will not I fail to impress the reader witli the most fa vorable opinion of his integrity am! talent. 1 he business of the c-aiventian was brought forward, by referring each important portioned' die consul ilimi to a committee, wididirections to report the alterations aud amendments it might seem to them to require. That portion - v. hie!) related to “the power of appointment to office, ami the tenure thereof,” w is referred to aeon: nhtee of seven, of which Mr. Van Buren was chairman. 1 he first occasion upon which Mr. Van Buren expressed his views, at length, in the conven t oi, was upon a report of the committee on the revisory power, proposing to vest in the Governor, the right to return a bill which had; p s.isi both houses, and requiring it to l.e rc |> sod, in each house by a majority of two thirds, fetor:' it should become a law. The provision was nearly in tiie words of tiiat article of the constitution of tiie United Hates, which confers upon the President the veto power. The ex- ; ercise of tiiat power, by the President of the ; L nited States, on two of throe occasions of great interest during the last six years, has turned public attention to an examination of its utility and the proper method of its cxer- Thc views of Mr. Van Buren on this impor- ! taut question deserve, therefore, particular at tention ; and tliespeech here subjoined, not on ly fully e tphuus these views, but embraces an aa.‘(iiscu-sion of some oi the most important; principles of government. i Bui en - id; “I had ii ittered myself,' Mr. Chairman, that the Convention wo’uld have pled th i revi sory powei proposed by the sc- I lect committee, with the same unanimity with which th y determined, oil Tuesday, to ex- ; punge the third article of the ci.itaitution, aud to separate the judiciary from tae Legislature. But m that expectation I have been disappoint ed. Notwithstanding the unanimous reconl mendation of the select committee, and the able ; m umer in which ii has been supported, a pow- j erful opposition to it appears to exist. A pro position ir: been made by the gentleman from Dutchess (Mr. Livingston) which, from the res- ; P''ctaoi!ity of the source from wh mce it eman ' ates, the precedents on which it i founded, and the talents and character enlisted in its support, is entitled to the highest consideration. 1 shall, therefore, proceed to the discussion, with all the I brevity which the importance of the subject I will admit, and all the simplicity of which 1 am capable. “In the course of that discussion, the first <pi: tion for our consideration, is, whether it is wise and proper that a restriction of any kind ; ' should Im placed upon tiie legislative power I , | On that subject it would seem that little doubt ! I could remain. That a check of some kind is ! necessary, is a principle that has received the ; 1 sanction, and been confirmed by the experience j of ages. \ large majority of the states in the ' I inon, in which, i! the science of government I b : not better understood, its first principles arc j , certainly more i'aiihtully legnrdcd than in any | other cou.iuy, have provided restrictions of this j , sort. In the constitutions of tiie freest govern- i meats in Europe, the same principle is adopt ed. It is conceded in both tiie propositions be j lor-' the committee. t _ “ I’he one imposes the restriction by requir- ' ' ing two-thirds ol the Lt tislatnrc to pass a bill ' [ which may have been returned; and tiie other, ■ 1 by r.:qu;r:ng not only a majority oftlr- im-mlier, t present, but a majority of all the members c- ; lected. 1. would s'".;m, therefore, that on tiie ■ oeticral principle that a reslrietion is proper, , we arc all agree 1 ; ami tiie question arises, is ; the am. ndmmit proposed by the. gentleman from I) itciiess more dn.irablc', and better adap- j ' t :d to p riorm th-' office intended, tba i the pro- ! position iii’rod i-e.d by th • committee ? Tear- j rive at a just conchi-i >n on this subject, it will i - I): ary caref.iliy to con ider the design of such a check, and the advantages which arc ex- . ■i ito re -lit from it. Its object is, first to •! i-;r.'l agtinst ha yand improvident legislation : but more eymrially, to p'rmeet the executive and jndi ial dep u tmenls from legislative cn- <ro •<:am< nt. 1. i'h rcgai'l to the first of these obj ct-. —Hi • prevention of hasty and improvi dent le-'islation—the system of every free gov ernm''l;t pi m reds on tl.e a sumption that checks, for tii it purpo.e, arc wise, salutary, and proper. ! ilene ■ the divisi in of all th-: leg'idulive bodies ' into distinct bran'.heq each with an absolute ii- ialive upon the other. Thu talents, v.isdom, j i and p i ri'ilism ol the representatives could be j ihrown in > one bram li, and the public mom v ' iv :d by this procedure ; siiil experience <1 - ' . mmrlra'e ; that such a plan tends alike to the \ ; destruction <1 public liberty and private , right-. Tiiey adopted it in Fennsvlvania,; anti it i> aid tQ have rm i.i .eii the apnroba- K OfI&fVIUW, AlTiirUSir a. IS3U. 1 lion of the illustrious Franklin ; but tiny . found that one Branch only, led to perni cious effects. Ihe sy? t. in endured but for a sea mil ; and the necessity. of different , braiiclies oi their to act as tnu ' tual checks upon each other, was perceived, and the conviction was followed l>v an al teration of their constitution. The first step, then, towards checking the wild c areer ol legislation, is the < r ;aiii.'mtion ol' two ; braiiclies ol th ' Legislature. Composed ol different materm s, they mutually watch o , ver the proceedings of each oilier. And j navmg the benefit oi separate discussions, their measures receive a more thorough ex amination, which uniformly leads to more favorable results.—But between these bran ■ clii's, as they are kindred bodies, it might ' someti nes happen that the same feelings and passion- would prevail—feelings and pas sions w hi. Ii might lead to dangerous results. Flii- rendered it necessary to establish a third branch, to revise the proceedings o! the two. But as this revisory power has generally been placed in a small body, ora single hand, it is not vested with an absolute, ■ out merely w ith a qualified negative. And : our experience has proved that this third provision against hasty and unadvised acts ; ol the Legislature, has been salutary ami , ; profitable. The people oftliis state h ive , been in the habit of' looking at the proceed- ■ ■ iugsol the Legislature thus constituted, and I they have been accustomed to this revisory power. I heir objections Lave never been I that tiiis revisory power existed, or that it ■ ! was distinct f om tiie Legislature ; but they ■ | do complain that it is placed in improj'i'r ■ , hands; in the hands oi persons not directly i I responsible to the people, and whose duty , forbids all connection with the Legislature. 1 1 am one of those who fully believe in the force and efficacy of that objection. “ The Council of revision was disposed ■ ol by the vote of Tuesday, and 1 could • j have wished that all further discussion on ■ I the subject ol its merits or demerits had ; been dispensed with ; but a different course I has been pursued. From the explanations of the chairman of the select committee, the public would infer that we voted for the I abolition of the Council of revision from tee-lings ol delicacy and tenderness to the j judiciary and to shield them from unjust (calumny. Sir, my vote was not given from any such motive. 1 will not vote tor the abolition of any article of the constitution ( out of kindness to any indix idual. I should be ashamed to have my vote go forth to my constituents upon any sue!) grounds. The Council ot revision has not answered the ' pm-poses for which our fathers intended it. • This is the ground and motive upon which my vote was given. 1 object to the Coun cil, as being composed of the judiciary, who | are not directly responsible to the people. 1 object to it, because it inevitably connects thejudicinry—those who, with pure hearts, ( and sound head;., should preside in the sane- j tuaries of justice, with the intrigues and I collisions of party strife ; because- it tends I to make our judges politicians, and because ; such has been its practical effect. lam war ranted by facts in making this objection. If such had not been the case, I should have voted for expunging the third article of the constitution. ,s J highly esteem the honorable gentle ; man from Oneida, (Judge Platt.) who yes terday thought it his duty to raise a disctis- I sion upon the merits of the Council. 1 re gret tiiat lie has done so. [Judge Platt! ( rose and stated, that that part of the subject ( was distinctly introduced by the gentleman from Dutchess, (Mr. Livingston) and that ; he fek it his duty to reply. It was that gentleman "ho had given this direction to - the debate.] Mr. Van Buren. I was! not aware of that fact, but it in no sense changes the character of what 1 feel it my ! ( duty to say. No man on this floor is more ! ; averse to a discussion on that subject than I ( am; but since the example has been set 1 (shall proceed. 1 respect the members ofj ' the Council of revision, and fortheir sakes, ; this debate should never have been intro- ( (duced. It.will become our duty to revise! ! that part of our constitution relating to the judiciary, and it is of vital importance to its members, to preserve them free from pre judice. , “Sir, have I notassiimed the true ground i which occasioned the unanimous vote of ( Tuesday, for separating the judiciary from j the legislative department ? It needs but | a slight view to show that the operations of i the Council have been such as I havestated. 'On this subject I will only call the atten ' lion of the committee to two instances. ( The first, is that to which the gentleman ! from Dutchess yesterday adverted. 1 ask the con vention for a moment to recur to that ( lamentable occasion, when the high power ; ; of prorogation was exercised by the execu- I I live, to check the torrent ot corruption, ! I which had set in upon the Legislature, and ( which proved the wisdom and necessity ol ; i some constitutional check.® This proving ; ineffectual, every eye "as turned to the I Uoiinci! of revision, to arrest the progress I |of the measure about to be adopted. AV hat i was their course ? The hili which had oc- ! ! casioned that strong exercise of power, was i I passed by the Council, although there were I ; not. wanting in that Council, men who were I alive to the interests and the honor of the j ( state ; the language of the majority was, ! that the bill upon its face, contained no pro- | vision contrary to the constitution, and that the Legislature were the judges of its expediency. “ Pursue the subject farther. The scenes which passed within these walls, during the darkest period of the late war cannot befor l gotten. It is "ell known that the two ■ branches of the legislature were divided; j while in the <ne home we were exerting ( ours Ives to | invide for the defence ol tiie ! country, the other house were preparing im ( pcacliments against the executive for ap- * i bis allusion is to the prorogation of the i ! Legislature by <»ox. Tompkins in 181!’, to ; | prevent the incoi poiation ol the Bank oi Amer- j 1 ica. W f'eesisriettfc—•Citer I m-opi latmg money intti.mt |, iw> f ()| . t [ ie de ( f'tiee ol tne state, taut the efurt was una vailing. An election’mtervened, am] the | people, with honorable fide ity to the best interests of their country, n turned a Legis lature ready mid filing to :i pp| v lhi , public resources lor the public defence.- They di<l so. They passed a variety of nets, called lor by the exigencies of our country. But from the Council ol' revi.-ipn were fulmina ted objections to the | assageof those acts o» [ji.11.<ms uhi.ii "ei imltistr:ousiy eireu lat-.-d tlirougiioiit the state to foment the el ements of faction. Beyond all doubt, al that moment, was protluced the sentiment which has led to tiie unanimous vote to abolis’i the Council. iThe Legislature hud exerted themselves in the public defence; and the object ot these objections was to im press the public mind with a belief that their representatives were treading under foot the laws and constitution ol their country. The public voice on that occasicu was open and decided; and it has ever siice contiuneil to set in a current wide and <e-ep against the Council. In making these remarks, i dis claim ah personal allusion- to the author ot those objections. 1 entertain for him the highest respect. As a judicial officer, hei? entitled to great consideraton.and I s'.ioul I esteem his loss from the situation which he fills, as a public calamity. “Air. V an Buren again repeated his rc gretlhat this discussion had ke t n called forth, as the constitution ol onr jidiciary is to be i reviewed. Butliecould not 'oiisent, in abol ishing the Council, to she! tears over its ; rums, or pass an eulogy cn its character, j Dy doing this, and by the course of some gentlemen s arguments, ve are mourn ing over our own act;, ant preparing the 1 public to distrust our since-itv. We our i -elves are undermining tvhit we ourselves j have done. “ To return to the argument—That Le . gislalive bodies are subject to passion, and ■ sometimes to improper inline ice is not to be i denied. Their acts are frequently so detri . mental to the public interest, hat tl.e united voice ol the peoph-, calls for their repeal— ; a striking proof, il proof were necessary— that legislators are but men, subject to ail the infirmities ami frailties of our nature, iT he cases cited by the gentleman from i Dutchess, (.ur. iallmadgei are strong and I directly in point. They show, tint the representatives of the people do sometimes err. 1 hey shew also the necessity of pre serving a controilmg power. And what is the consequence of placing such a power, upon the footing recommended, ‘-v the re port ol tne committee? It may suspend for a time the operations of the Legislature.— It may prevent the passage of a had law, but never can defeat the passage of a good one. If a good law be returned with ob jection q it will come before the people, they wih pronounce upon it, and return repre sentatives, xx ho xviil insist upon its passage. If it be a bad one, the revisory power "ill be justified; delay, thee, fore, for the most part, will be the only consequence of the check, and that xxill be followed, by ail the benefits of further discussion, ami a fuller understanding of the subject. Lot the ad vantages of such a power, are not confined to its exercise. 1 concur with my honora ble friend from O.ieida (Judge Piatt) as to its silent effect. The advantages arising! from its silent ami unseen operation, are doubtless greater than thoseari.-ing from an exercise ot the power. A bare majority is not always an indication of honesty, or that a l.ix’orite measure is correct. Great xveight of character and powerful talents a e olien embodied in th 'minority. Many laws pass by a bare majority; but when there is a qualified negative upon the : cts of the Le gislature, the gentlemen of tiie majority, a ware of this power, may be restrained from passing many improper bills. 1 have no doubt but considerations of this kind have influenced the conduct of legislators for years past. In every point of view, wheth er from our own experience, or the experi ence of other states, xve discover this liab'di ity of legislators to act hastily and inconsid erately. The judgments of most reflecting men unite in the expediency cf some check like that proposed by the committee; and when it can be productive of no other effect than to suspend the passage of a bill, and thereby enable the people to express their will upon the subject, it is to me, sir, matter ol surprise, that so much hostility should be I shewn to the report of the committee. “ But, sir, the prevention of partv legis-> latiou is not the only, nor the most impor tant reason, xvliy xve are disposed to give this poxver to the executive. Our government is divided into separate and distinct depart ments—the executive, judicial and legisla tive. And it is indispensable to the preser vation of the system that each of these de partments should be preserved in its proper sphere from the encroachments of the oth ers. It is objected, however; to vesting the power in the hands of a single individual, on account of the liability of man to the a buse of power. But an instance of tne a btise of power thus confided, has never exis isted, where it did not defeat the yerv ob ject for which it was abused. “ Distinct branches are not only necessa ry to the existence of government, butwhen xou have prescribed them, it is necessary that von should make them in a great de gree, independent of each other. No gov ernment can be so formed as to make them entirely separate ; but it has been the study ol the wisest and best men, to invent a plan, by which they might be rendered as inde pendent of each other as tiie nature of government would admit. The legislativ,- department is by far the strongest, and is constantly inclined to encroach upon the weaker branches of government, and upon individual rights. This arises from a vari ety ol causes. In the first place, the powers ol that department are more extensive and undefmable than those ol any other, xx liich gives its members an exalted idea of their superiority. They are the representatives ol the people, from "bicb circumstam e,thev ti.imx they po-sess, and < f right ought to oossess, all the powers of the people. This s natural ami it is easy to imagine ti e con sequences that may follow. “Tiiis i- not ail—they bold the purse strings of the state; and every m-mber oi all the branches of the government is e’ep 1 ’ 11 " dent on them for his subsistence. You have been told, and correctly told, that those who eed men, and enjoy the privilege of dispell ing the public bounty, xviil in a greater or :ess degree ii.ff iciicc and control them. Is t unreasonable, or improbable, to suppose, .hat power, thus constituted, should iiave a tendancy to exert itself, for puljioses..not congenial with the true interests oft'M: oth er branches oi government. 3 The gentle man from Dutchess, (Mr. Tallmadge,) re t rred to seme striking illustrations of the conductol legislative bodies, in this partic ular, which show that power thus vested is too freqveiitly abused. The case of Pen nsylvania is entitled to our serious consid eration In 1753 they provided a board of censors to examine into the proceedings of tneir Legislature. Those censors though some ol them had taken part in the proceedings ol (hat body for years poin ted out and reported a long list of le j islat.ve i’;fr; ctions of tl.e constitution, tn 1799 a Convention was called, xvhich lermed a new constitution. Ti;at body af ter lull a:. I deliberate discussion, inserted in their constitution tiiat very article which has been reported as worthy oi a place in ours. 1 hat Convention was composed of the wisest aud best men in the state, many of "uom assisted in forming’ the constitution ol ihe Lnited States. It contained Miiliin. M’Keah, Addison, Gallatin, and a longlist ol < t ier statesmen, distinguished tor their talents, wisdom, and expei ience. Tiie peo ple ol Pennsylvania, at the adoption of their tirst constitution, did not believe in the prin ciple for which I am contending ; hut expe rience soon taught them that they were wrong. The check proposed in 1790 was adopted, am! the Legislature has since been kept in tiie line oi their rlntx. In my view, . the cmmuct of Pennsylvania affords the ] s.rorgest testimony in favor of adopting the j courserecommenned by the committee ; and ( 1 cannot but believe, that if the proposition of the gentleman from Dutchess, (Mr. Liv ingston) should prevail, Nexx- York would > experience the same evils and be eommpelled | Io resort to the san;e measures, to get rid of the experiment. “ 'i fie gentleman from Dutchess, (Mr. Livingston) has referred us to Virginia, and discanted on the number, wisdom, and ; integrity ol their statesman. Air. Van Bn -11 en would assent cheerfully to all he had j said upon that point. In that number xvas [ included the political father of the stale, i Mr. Jefferson, No man bad more experi-! ence in the government of that state ; j no one bad more fearlessly pointed out the | uefects ol tlieirconstitution. Unfortunately ! it imposts no check upon the legislative poxver ; their Governor is elected by the Legislature, ami of course is hut a creature ■ of that body. Ami, sir, (said Mr. Van Bu~ , ren) at this moment it is a source of regret ! to the best statesmen of Virginia, that they i haveno cheek. Mr. Jefferson, in his Notes on Virginia, expresses himself thus: ‘“Ail the powers of government, legisla ' live, executive, mi l judicary, result to the legislative body. Tne concentrating these in the same bands is precisely the definition oi despotic government. It w ill be no al leviation that these powers will be exercised ' by a plurality ol hands, and not by a single ; one. One hundred and seventv-three des pots xvould surely he as oppressive as one. Let those v. ho doubt it turn their eyes on the republic of Venice. As little will it avail us that they are chosen by ourselves. An elective desptdisvi was not the government xve fought tor; but one which should not only be founded on free principles, but in which the powers of government should be ( so divided and balanced among several bod ies of magistracy, as that no one could tran scen tneirlegal limits, without being effec tually checked and restrained by the others. I' or tins reason, that Convention which pas sed the ordinance of government, laid its foundation on this basis, that the legislative, executive, ami judiciary departments should be separate and distinct, so that no person should exercise the powers of more than one ol them at the same time. But" no barrier ir:is provided between these several powers. The judiciary and executive members xvere left dependent on the legislative for their subsistence in office, and some of them for their continuance in it. If therefore the Legislature assume executive and judicary powers, no opposition is likely to be made; nor it made can be effectual; because in that case, they may put their proceedings into the firm of an act of assembly, which will render them obligatory on the other branches. They have accordingly in many instances decided rights which should have been left judiciary controversy; and the direction of the executive, during (he whole time of their session, is becoming ha'oilual and fa miliar.' “ Here, sir, we have the opinion and the c inplaints of this great man. The legisla lure I as usurped the poxver of all the depart ments. The people bad declared that those departments should he independent, but they deceived themselves bv trusting to parchment regulations. And the gentle man Irom Dutchess, (Mr. Livingston) wish es us to go on. ami in the same manner in vest the Legislature with all the powers of the people, “ But tins is not all. That there may be no mistake in the views of this distin guished man, I think it. proper to state, that in 1783, it was contemplated to call a Co vention. Mr. Jefferson, xvith paternal so licitude to the state, trained a constitution, to be submitted to that body. It may be j lomided in the appendix to the Notes on I Virginia. Il contains a provision, declar ing that the governor, two Conncellors of state, and a Judge ot each ot the Superior Courts, shmdd be a Council for revise all ; | mils pissed by the L< gis'atnre, anti that a (bill when returned by the Coumil should ! not become a law unless two-thirds of each ( house should concur in its dassnge. Here, j then, xve have bis deliberate opinion, that an efficient check is necessary upon the legis lative power. And 1 Dave no doubt that should there ever be a Convention in Vir ginia to revise their constitution, such a pro vision would be one of the first to be adopt ed. But it is undeniably true and so ad mitted by Air. Jefferson, that Virginia is emphatically the land of steady haLi s, anti although there are many defects acknowl edged to exist in their constitution, still their , r< Lictaiicc to introduce a charge, , to prevented tiie call of a Convention. ( “Tkegentlen .an from VVeslchestw, (Mr. Jay) has presumed a long list cf instances, where the ; Lagis'ature have encroached upon the execu ' tivc, by concurrent resolutions; a striking proof of the truth of my remarks. And, sir, if you pioxidu no check, the Legislature can go on to , I strip the executive of all his power. Then is ii not necessary, for the well being of government, to vest a salutary check in some odijr depart ment? A contrary doctrine, I am satisfied, is dangerous and absurd. In the constitution of ike Lnjtcd Btates, and in several of tiie other states, you have a provision precisely similar to that for which xve are now contending. Al though amendments to the federal constitution have been proposed from almost every part of j the Union, still against that provision we have never heard q murmur. That provision was avowedly copied from the constitution of Mas s ichusetls, where its utility has never been ques tioned. Alaine lived under it for nearly forty yeats, and on being separated into an indepen dent sjate, has adopted the same provision.— The late Convention in Massachusetts affords one of the strongest evidences th it a patriotic people can give, in favor of its provisions. This Convention was composed of their wisest and best mon, selected without reference to partv, and embracmg almost the whole body of the t dents ol that state. 1 hey were two months in session, and in the pour.se cf all their debates, not a word ofcompiaint was uttered against this part of the constitution. “Sir, such is the superior force and influence , of legislative power—such is the reverence and j regard witn xxhich it is looked up to, that no I man in the community will have the temerity, ' on ordinary occasions, to resist its acts, or check i its proceedings. 1 cannot illustrate this posi tion more strongly than by a reference to the constitu.i.in ol tmgluid. There the executive is a branch ol the Legislature, and has an abso lute negative. Surrounded as he ii with pre ( rogative. and placed far beyond the reach of I the people, yet since the year 1G92, no objec | tion lias been made by the King of Great Bri ! tain to any bill presented for his approbation. Rather than produce the excitement and irrita tion xvhich, even there, would result from the rejection of a bill passed by the parliament, he has resorted to means which have degraded the govc. ii.ni'ih, ami dishonored th * nation, to pro l vent the passage of bills xvhich lie shoiild feel it ■ his cln.y to reject. In tne declaration of iride : pendence, in the catalogue of wrongs under I wnich our fathers had been suffering, one of the i most prominent xvas, that the king had exercised | his prerogative, and had refused his san,ct : on to I salutary laws, Gentiemep may therefore rest i sutiskea, that very little danger is to be appre ’ bended on this subject. There is, besides a ' proposition to reduce the term of service of the ; Governor, from three years to one. Is it pos | sible, then, that when thus made immediately . responsible to the people, there can exist aqv i well founded causes of alarm ? “I hope, sir, xve shall adopt the report of the committee, for these, and many other reasons which I shall not tire the patience of the com mittee by detailing. It is a common re/mar'k, that in alterations in government, people are ! apt to go from one extreme to the other. And, sir, are not gentlemen nowgoing upon extremes? We have abolished the Council of revision, and weakened the revisory (lower, and by the a mendment offered by the gentleman from Dutch ess, (Mr. Livingston) wo destroy it altogether. True, the Governor can return a bill with his object’ >us. But what will it avail? A bare majority can pass the bill notxvithstanding, and as h.is reasons v, ill probably be those which the Legislature have already considered, can it he believed, sir, that his recommendation xviil have any effect ? Can it be supposed for a moment, that the members of the Legislature would to day recotd tneir names on the journals in one way, mid tomorrow record them in a different way? And will not the Governor be restrained from exercising that (lower, when he knows it is vain and idle ? “ >» e have heretofore had the revisory power in the hands of the judiciary and executive uni ted ; and noxv, because the people call for its separation, shall xve destroy it altogether! .Shall xve go to the other extreme, and have no re striction whatever? 1 cannot perceive the ben efits to iCsiilt front such a course ; I ant per suaded of its impropriety. We have decide I on abolishing the Council of revision, in a man ner that will redound to our credit: and I had flattered myself from the pronqitness witli xvhich that decision was made, that the passage of the amendment xvould have fallowed xvithmit oppo sition. Let us not agitate and excite the fears of the community. They have expected an al teration of the legislative check, but not an abandonment of the principle. A portion of the people of this state, believe the Council of revi sion to have been wisely instituted, and of great practical utility. There arc others, who think a change ii necessary, and that the judiciarv should have no connection with the other bi a'-.cli cs of government. Adopt tiie proposition of the gentleman from Duchess, and what will be the consequence? You alarm those two groat bodies of our citizens, and hazard the rejection of your proceedings. If xve xvould inspire the people xvith confidence in our acts—if wo would ensure their approbation—if we would effect those xvise and salutary amendments which the public voice and the public interest demand, xve should beware of vibrating to extremes, and of introducing an innovation so hazardous ami unexpected, as that which we are discussing.”* The article, as reported by the committee, and sustained by Air. Van Bulen, xvas finally a dopted into the constitution. Analogous to the question involved in the a bove article, was that xvhich arose on the term tor which the Governor should be elected, A part of Mr. \ an Buren’s remarks on this point xvere as follows : “As xve increase the (lower of the executive,! xve should also increase the responsibility of'the Governor. We should bring him more fre- ; fluently before the people. 1 lis conflicts, if any, I will not be with the Legislature. lie xyas rei;- | dered by the provision noxv proposed, utterlv j * Carter and Htoun’s Reports of the New York ! Con' r-ntiuti, page7l). i ss BY c. c,. u«.iirrc.4*iN,' wetrnjE iwo. 13$, mid entirely independi nt of the Legislature, Os the peoplj he nil not think, he should be itndeifd so independent. In the exercise, ot the veto, v.liich will only take place on important cecasions, he will be supported, if he should have acted manifestly for ti c pub lic geod. He had not experienced ike evils of ti ierniial elections; but as xve had vastly in c: ea.'t':l the power ot the Governor, a strong dedreis manifested to abridge-his term, and hi this sentiment he concmrui, lJulhuw abridge it? Me wish the people.to have an opportu nity ol testing their Governor’s conduct, not by the feelings of temporary excitement, but by tiiat spber second thought, which is never xvreng. (an that be effected if you abridge tlio term to mtw year I sir.: it is tkoewssary that US P'ljwt r exist tons enough ta sui viv that temporary excitement, wkich a measure of pub, lie importance must occasion, and to enable tne people to detect the fallacy with which the acts of government may be veiled as to their real motives. Can a fair judgment of motives, or < f the effect of measures, be n a'e in a few niond.s? No, sir—even a term longer that, three years, must sometimes be necessary to enable us to judge of the effect of measures.— But vp must no: g > into extremes, or we sbalj rouse thejeali u i-s ol the people, in weakening the resj>onsibiiity to them, of their public t.filr cers. Let us lest the question Ly reason. You have a sta.e and population, whose concerns bear u strong analogy to the interests of the Un? ion. Can a Governor, in a term of one year, make himself acquainted with the interests, ti e wants, and cond.t.on cf this great state ? There was one remark he made v. i h great deference ; in al! the eastern states, the tenure of the chief magistrate is for only oi.p year: and the major! ty oftliis Convention have imbibed their notions (Eider those constitutions, and naturally consider diem wise. Others, xvlio have lived under the. constitution of this state, have preferred, as ho had been accusten.ed to do. the tenure of tbiep years; and ho asked, if there was not some respect, some coiuiiy dee, tp those who have viewed lids, among other provisions of cur con slitu i p, with reverence. For these reasens I e iioped the blank xvould be filled with twoycars.”** Ou the 17tb t>f Sept< inber, Mr. Van Bu ren, as chairman of the committee on the appointing power, presented an elaborate report, the result of great consideration and reitecliim on the pail of the comniittep. The principles of this report were defended and explained by Mr. Van Buren on several occasions, but as his remarks, on .this se.L? ject, do not hivplxe any important general views, they are pot here inserted. Tl.e pro position oi the committee, 'xiilijonie moiii lication, xvas finally adopted. The Coui.- cil of ap],ointment wire abolished ; the sub stitutes adopted, appear in the constitution of that state.® Ou the proposition of prefixing to ti e coiretitmi-m a bill of lights, Air. Van Bti ico xvas averse to it : “A bill of rights, Sir,” said be “ ispi privileg.e, according to she <>- rigmal signification pt it ; a concession, extoried from the king in favor of popular liberty. But how does that applv here ?’ ? He then went into a l.jstory of the origin oi bills of right in England, and concluded by expressing a wish that, as a bill of rights, this might not prevail ; but that any pro vision on it, which might be deemed saluta ry, should be engralted upon the constitu tion. One of the principal objects of amend ing the constitution xvas to extend the riulit ol suffrage; and the leading discussions in the Convention related to that topip. The committee to xx horn t|)at subject was referred, proposed a residence of six months in the state, and the having'paiil taxes, or xvorked on the highways, or done military duty, as the qualification of an elector. Judge Spen cer as tin amenument, to require, as a qual ification to vot.e lor Senators, a freehold es tate of the value of two hundred ami f-fiv dollars. Air. Van Buren strenuously op posed this amendment. and the following extracts from bis speech on this occasion, will shew his general views with regard to the propriety of restricting the elective Iran ebise to freeholders. “ Air. Van Buren, said he was opposed to the amendment under consideration, 0.- tered by the gentietnan from Albanv, (Chief Justice Spencer ;) and he would bee; the indulgence of tlje committee, for a short time, while he should attempt to explain the reasons, which, in his opinion, required its njectiou. The extreme importance which the honorable mover had attached to thy subject, and the sombre and frightful pjc ture which had been drawn bv bis colleague (the Chancellor,) of the alarming copse? quences, which would result from tjie n.dup t on of a course, different from the pije re commended, rendered it a duty, tylpch those, w.io entertaimd a con r iry opinion, owed t > themselves and their constituents, to ex j 1 tin the motives xvhich governed them. If a stranger had heard the discussions on this subject, and had been unacquainted withthe character of our people, and the character and standing of those, who find it their da tv to oppose this measure, he might wt have supposed, that we were on the poin of prostrating with lawless violence, ope c the lairest and hrinest pillars ct the govern ment, and of introducing into the san.ctim ry of the constitution, a mob or a rabb’c, violent and disorganizing, as were the Jac obins ot Fin ice ; and furious and visiona ry as the radicals of Engiaud,.aj-e, by some gcntletnc::, supposed to be. The houorale gentl ’inan from Albany, (the Chancellor,) t dis •>*» that if we send the constitution to the people, w ithout the provision, contem plated by the proposition now under coi: sidetation, it will meet with the scorn oftlu wise, and he bailed xvith exultation by the vicious and the profligate. He entertained, he sail], a high personal respect for the mo ver e.f this amendment, and also for his lear ned colleague, who had so eloqttenily and pathetically descrilud to them the many evilsand miseries xvhich its rejection wotil occasion; he declared his entire convKimn of his sincerity in what he jiarl uttered, bis simplicity of character, he bad himself s. * Debates in New York Convention, page 147 *-Seo an able speech by Air. \ an Buren ex plaining the report of the committee, in the De bates of the Convention, page 296,