work of the people is done may not be known by all who are just beginning to study the science of civil government. I will therefore give an example of the manner of forming and establishing a constitution, by describing the manner in which the present constitution of the state of New York was made and adopted.

§ 2. It has been remarked that all the citizens of a large community cannot meet in one assembly; and hence the necessity of choosing a small number, called representatives, to make the laws and to transact the business of the government. So the freemen of this state, as they could not all meet to frame a constitution, acted by their delegates or representatives. Delegate and representative are words of similar meaning. In this state, however, persons who are chosen to act for the people in other business than that of making laws, are generally called delegates, and the meeting of such persons is called convention.

3. The convention that framed the present constitution of New York, was composed of 126 delegates. The number sent from each county was the same as the number of representatives it was entitled to in the assembly, the lower house of the legislature. The county of Genesee, for example, was entitled to three members of assembly, and it was represented in the convention by three delegates. The county of Albany, being entitled to four members of assembly, sent to the convention four delegates.

§ 4. The delegates were chosen in the same manner as representatives in the legislature and other officers are chosen. They were not elected at the time of the general election of county and state officers. The legislature passed a law in March, 1821, appointing the third Tuesday of June for the election of delegates, and the last Tuesday of August for the assembling of the convention to frame a constitution. The election was acccordingly held and the delegates were chosen.

5. This is the way in which public officers are elected: on the day appointed, the electors, the men who are entitled

2. Did all the people meet to frame the constitution? By whom did they act? What is a delegate? What is a convention? $ 3. How many delegates were sent from each county? 4. How and when were the delegates chosen? By what authority? When did they assemble? 5. Do

to vote, meet in the several towns throughout the state. They meet in every town, because all the electors of a whole county could not conveniently assemble in one place. And this is one reason why a state is divided into towns. The manner of voting is this: each voter has a ballot prepared, which is a small piece of paper on which are written or printed the names of the persons he wishes to have elected. The bal. lots, one at a time, are received from the voters by person. appointed for that purpose, and put into a box, called ballotbox. When all have voted, the ballots are counted. A state ment of the number of votes given in each town for each person voted for, is sent to the office of the county clerk, where it is ascertained what persons have received the highest number of votes in all the county. Such persons are declared to be elected.

§ 6. The delegates thus elected to represent the several counties, met in convention at the city of Albany at the appointed time, and continued in session until the 10th of November, when they agreed upon the form of a constitution. But although agreed upon by the convention, it was not yet a constitution; it remained for the people of the state to adopt it. And here observe the difference already mentioned, between a constitution, or political law, and the municipal or civil laws. The former must be agreed to by the people before it can go into effect; the latter are enacted by the legislature, and do not require the assent of the people.

§7. The constitution as framed by the convention, was submitted to the people for consideration; and an election was appointed on the 15th day of January, 1822, to continue three days; at which election the people were to decide whether they would receive the constitution or not. The greatest number of votes being given in favor of it, it was declared to be adopted; and according to its own provision, (Art. 9, § 1,) went into effect on the 1st day of January, 1823. scribe the manner of voting at an election. To what place is the number of votes given in each town sent? 6. Where did the delegates meet in convention? After a form was agreed upon, was it a constitution? What farther was necessary? 7 Where was the constitution adopted by the peo ple? When did it go into effect?

CHAPTER VI.

Of the Election of Officers; and by whom they are elected.

§ 1. HAVING Shown how the constitution was made and adopted, I proceed to show what the government under this constitution is, and how it is administered. The first act of political power exercised by the people is, as we have seen, the establishment of their constitution or form of government. To transact the great amount of business which is to be done in the various departments of the government, requires a great number of officers. Hence, the next act of political power to be exercised by the people, is the election of the necessary officers to administer the government.

§ 2. There is, once a year, on the first Tuesday of November, a general election throughout the state. At this election are chosen all officers that are elected by the people, other than town officers; the latter being chosen at another time, as will be seen hereafter. What officers are elected at the general election and at the town meetings, will appear as we proceed.

§3. When we speak of officers being elected by the people, we do not mean all the people of every class; but such only as are entitled by the constitution to vote at elections. It is not considered proper for females to take part in the government; and boys have not sufficient knowledge and judgment. The constitution therefore allows none to vote at elections but male citizens of the age of twenty-one years and upwards.

§ 4. But not every male citizen of this age is qualified to vote. A person that has but just come into the state, is not supposed to be well enough acquainted with the government to take part in it; nor would he be likely, being a stranger, to know what persons to vote for. The constitution therefore requires that a man must have resided in the state a year, and in the county six months, before he is entitled to

1. What is the first act of political power? What the next? 2. When is the general state election held? What officers are not then chosen? $3 Do females vote at elections? Do boys? At what age do men vote? $4. What does the constitution require respecting a man's residence to make

vote at an election. And he must also actually reside in the town where he offers to vote.

§ 5. Under the former constitution of this state, only such as owned property, or paid rent or taxes to a certain amount, were entitled to vote. In some of the states this is still the case, but not in this state. The right of voting is sometimes called the right of suffrage; and where all the freemen enjoy this privilege, it is said suffrage is universal, and where the privilege is restricted to those who have property or who pay taxes, we say, there is a limited suffrage.

§6 But when it is said that all male citizens over twentyone years of age may vote, not every man of that age is meant. Persons born in other countries, are called foreigners or aliens. They are not in law citizens, nor entitled to the rights of freemen. A way is provided, nowever, in which they may become citizens, after having been in this country a certain number of years. This is called becoming naturalized; that is, becoming entitled to all the rights and privileges of natural born citizens, or citizens born in this country. (See Naturalization.)

§ 7. Persons also who have been convicted of infamous crimes, are denied the privilege of voting thereafter at elections, unless they have been pardoned by the governor before the expiration of the term for which they were sentenced to be imprisoned. An "infamous crime" is declared, by the laws of New York, to be one which is punishable with death, or by imprisonment in a state prison.

§ 8. There is also a difference made by the constitution between white and colored citizens. The latter are not allowed to vote unless they possess a freehold estate; that is, an interest in lands of the value of two hundred and fifty dollars. It is thought by some to be unjust, that any class of our citizens should be subject to the laws of the state, without being permitted to vote for the men by whom the laws are made.

9. All state and county officers elected by the people, enter upon the duties of their respective offices on the first him a voter? 5. What is said about owning property in order to be a voter? What is right of suffrage? Universal and limited suffrage? 6. May aliens vote? Who are aliens? Can they ever become voters? 7 Does crime hinder men's voting? What crimes? What is an infamous crime? $8. In what cases may colored men vote? 9. When do state and county officers go into office? When does the legislature meet?

day of January after they are elected. The legislature is required, by the constitution, to meet once a year, on the first Tuesday of January, unless a different day be appointed by law. (Con. art. 1, § 14.) No law has been made at any time, appointing a different day.

CHAPTER VII.

Of the Legislature; and how it is formed.

§1. THE legislative power of the state is by the constitution vested in a senate and assembly. The senate, or higher house, consists of thirty-two members, who must be freeholders. A freeholder is a person who is the owner of real estate, that is, property in lands, which he may transmit to his heirs. Senators are chosen for four years, in this manner: The state is divided into eight districts, called senate districts, each of which is entitled to four senators. But the thirtytwo senators are not all chosen at the same time, and then four years thereafter thirty-two new ones. It is not thought best that all the senators should go out of office at once, and an entire new set come in at the same time.

§ 2. The constitution therefore provides, that only one of the four senators in each district shall go out every year. This makes it necessary to elect but one in each district every year, and leaves at all times twenty-four old members in the senate, unless a vacancy happens in some other way. It was necessary, however, at the first election under the constitution, to choose the whole number.

§3. But as one in each district must go out every year, the thirty-two first chosen could not all hold their offices the full term of four years; and in order to make room for eight new senators (one in each district) to come in at the end of the first and every succeeding year, one fourth of the whole number must serve but one year, another fourth two years,

1. What two bodies constitute the legislature? How many members has the senate? What must they be? What is a freeholder? For how long, and how, are senators elected? 2. How many are regularly chosen every year? 3. Tell how the arrangement was first made for having but