The Convention consisted of one hundred and twenty six members, all of whom, without exception, attended on the third day of the session-Every member of that body (except one) was a native American citizen.

66 were born in the state of New-York.

The paternal ancestors of 68 were inhabitants of England.

88

18

14
9

Holland.

Scotland.

Ireland.

Wales.

Germany.
France.

Italy.
Unknown.

There were forty-three gentleman in that body, who took parts in the discussions. Among the most conspicuous speakers were Messrs. Bacon, Birdseye, Briggs, Buel, Burroughs, R. Clarke, Cramer, Dodge, Duer, Edwards, Fairlie, Hogeboom, Jay, Kent, King, P. R. Livingston, Munro, Platt, Radcliff, Root, Russell, Sharpe, N. Sanford, I. Sutherland, Spencer, Tallmadge, Tompkins, Van Buren, Van Ness, J. R. Van Rensselaer, Van Vechten, Wheeler, E. Williams, N. Williams, and Young.

The Constitution was drafted at the house of Mr. Lemet in State-Street-The first committee, who digested and prepared the different articles, were Messrs. Yates, King, Van Buren, Root, I. Sutherland, Lawrence, and Kent.→Mr. Kent having left town before the articles were reported, Mr. Jay was appointed in his stead.

This committee met at Mr. Cruttenden's opposite the park.

The last committee were Messrs. N. Sanford, Buel, and Wheaton, who met at Mr. Lemet's, and their report was made the basis of the amended constitution in its present form.

Mr. Fairlie, Mr. Young, and Mr. Van Ness, were appointed to superintend the engrossing and printing of the constitution.

The engrossing was attended to by them; but the printing was referred to the Secretary of State.

Mr. L. H. Clark, one of the reporters, engrossed the constitution on parchment. It is proper to add, that du ring the session of the Convention, one of its merbers (Mr. Jansen of Ulster and Sullivan) suddenly expired while in the hall of the Capitol.

CONSTITUTION OF 1777.

For the following historical recollections of the convention of 1776 and 1777, which formed and established the existing constitution of this state, the compilers are indebted to a writer in the New-York Columbian, under the signature of Schuyler, who derived his information from the original papers, now in the hands of John M'Kesson, Esq. of New-York, a nephew of one of the secretaries. These memoranda may be relied on as authentic; and are deemed to be of sufficient interest, to entitle them to a place in the appendix to this volume, with the subject of which they are intimately connected:

"It will be seen, that, by the second resolution of the seventh recital in the constitution, ( 1 Revised Laws, p. 30,) the deputies to be elected to form a constitution, were to meet at the city of New-York by the second Monday of July, 1776. This was recommended by the resolution of the Congress of the Colony of New York, May 31st, 1776-and that Provincial congress continued to sit through the month of June. When this congress dissolved or adjourned, as mentioned below, there was no other body to exercise the powers of civil government but the Convention which succeeded it, which being elected for the double purpose of a Convention and legislature, (or rather committee of safety,) organized itself at first under the title of the Provincial Congress of the Colony of New-York-And during this year, and part or all the preceding year, down to the time of organizing a new government under our present constitution in September, 1777, there are no regular printed journals, as there were before and since this gloomy period.

The last body called the Colonial congress, sat till the 30th day of June. 1776, in this city. On that day (Sunday) in the afternoon, under the apprehension that the enemy might ere long attack New-York, this congress resolved that the next Provincial congress should meet at White Plains, in the county of Westchester-and then adjourned.

On the 9th July, 1776, the newly elected deputies (or delegates) assembled at White Plains, (probably not having enough to form a house on the 8th) and elected Gen. Woodhull, president of the Convention. In the forenoon of that day, a letter was received from the delegates of this state in the Congress of the United States, enclosing the Declaration of AMERICAN INDEPENDENCE! It was immediately read, and referred to a committee consisting of Messrs. Jay, Yates, Hobart, Brashier, and Wm. Smith.

At the opening of the afternoon session, the same day, the said committee reported resolutions concurring in the reasons set forth in the recitals of said declaration, fully adopting that instrument, and instructing our delegates in the General Congress to support the same, and to give their united support to all necessary and proper measures to obtain the objects of said Declaration. This report was at once adopted by the Convention.

In the forenoon of the next day (the 10th,) this body "Resolved and ordered, That the style and title of this house be changed from that of "The Provincial Congress of the colony of New-York," to that of "The CONVEN. TION of the Representatives of the state of New-York." This is the first moment we assumed the name of a state; and the 10th day of July, 1776, may be considered the Birth-day of New-York, as an INDEPENDENT STATE.

Accordingly, in the afternoon of the same (10th) day, the said Convention of the now STATE of New-York, Resolved, that, pursuant to the former resolutions of the General and Provincial Congress, (1 R. L. pp. 29, 30, 31,) the subject for establishing a form of government should be taken up in convention on the 16th day of said month of July.

But on the arrival of the said (16th) day, it being expected, from information, that the enemy had entered New-York, and on account of a great pressure of urgent business, the subject was postponed to the 1st of August then next; and in the mean time, all magistrates and civil officers well affected towards the cause of Independence, were, by a resolve of the Convention, desired to continue the exercise of their duties, until further orders, as they heretofore had done, except that all process should hereafter be issued in the name of the State of New-York.

On the 1st of August, 1776, on motion of G. Morris, seconded by Mr. Duer, a Committee was appointed to prepare and report a constitution or form of government. This committee consisted of the following gentlemen, viz :

Mr. Jay,

Mr. Hobart,

Gen. Scott,

Mr. Abm. Yates,
Mr. Wisner, senr.

Mr. Wm. Smith,

Mr. Duer,

Mr. G. Morris,

Mr. R. R. Livingston,

Mr. Sam'l Townsend,

Col. De Witt, and
Mr. Robert Yates.

Col. Broome,

The committee were required to report on the 16th of said month. But owing to the perilous situation of the state, and the distracted state of affairs in various parts of the country, little or nothing appears to have been done in convention on this subject, though the committee was probably much engaged upon it for on the 5th of Dec. 1776, I find the Convention sitting at Fishkill, with Gen. Ten Broeck as President. On that day, I find it recorded, that "the committee appointed to prepare a form of government, and other members, having withdrawn, the remainder acted as a committee of safety."

This had been the case before from the early part of August 1776, to February or March, 1777, the convention had been obliged frequently to change its place of meeting-its members sometimes serving with the troops in the field, sometimes returning home, and others being elected, some despatched on cther trusts, and sometimes not enough left to transact business. In fact, such was the alarming situation of affairs, that at certain periods the convention was literally driven from pillar to post, while it had alternately to discharge all the various and arduous duties of legislators, soldiers, negotiators, committees of safety, committees of ways and means, judges and jurors, fathers and guardians of their own families, flying before the enemy, and protectors of an invaded commonwealth. At one time they assembled at Harlaem, next at Kingsbridge, then at Odell's in Philip's manor-at Fishkill, White Plains, Poughkeepsie, and Kingston; and in one instance, only three members could be assembled together.

The proceedings of the Convention, therefore, were chiefly as a committee of safety, till March 1777.-On the 6th of that month, at Kingston, (Gen Ten Brocck, President,) the committee, appointed to prepare a form of government was required to report on the following Wednesday: and on that day, (12th March, 1777,) said committee reported a plan or form of government, which was read by Mr. Duane. This draft was chiefly or wholly drawn up by Mr. Jay, and is in his handwriting. There were annexed to it " Addenda," which I believe are chiefly in the handwriting of Mr. Duane, and were mostly framed by him for although he was not originally on the committee, he must have been put on it afterwards, and I believe some others also.

This draft of a constitution was from that time under consideration, discussion and revision, in the Convention till the 20th day of April, 1777, and underwent some amendments, though not very many material ones. These amendments and alterations were mostly introduced and supported by Mr. Jay, Mr. Duane, Mr. G. Morris, Mr. R. R. Livingston, and a few others; but the most considerable part of the constitution now stands as it came from the hands of Mr. Jay. On the said 20th of April, at Kingston, (Leonard Gansevoort, President, pro. tem.) the constitution as it now stands, was adopted with but one dissenting voice!!

The following list is believed to contain the whole numbers of member elected. In the first or left hand column are placed the names of those who are found to have attended the Convention at any time from the day the constitution was reported by the select committee till its adoption-that is, from the 6th of March to the 20th of April, 1777, inclusive. In the second or right hand column are placed those who are not found to have attended at all during that period, though they had been more or less in the Convention before, and some of them were members of the said select committee.