USA > New York > Courts and lawyers of New York; a history, 1609-1925, Volume II > Part 16
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which were put to an address which was forwarded to the Lord Mayor and Corporation of London, and which they declared that they "could never submit to slavery," and that "all the horror of civil war will never compel America to sub- mit to taxation by authority of Parliament." (Upon the oc- casion of the visit of delegates of the American Bar Associ- ation to London in 1924, this "Letter from the Committee of the Association of New York to the Lord Mayor of the Cor- poration of the City of London, 5th May, 1775," was reprinted, in facsimile, by the City of London, and those of the Amer- ican delegates who attended a reception and banquet given in their honor at the Guildhall by the Lord Mayor and Corpo- ration of the city of London were presented with this reprint. Prefacing this reprint were notes which proved that there was a genuine bond of sympathy between the municipalities of London and New York in 1775).
Originally, not one of the colonies seems to have contem- plated permanent separation from the British Government;
Benson, John Lansing, Jr. February 2, 1788. Ezra L'Hommedieu, Egbert Benson, Alexander Hamilton, Melancton Smith, Abraham Yates, Jr., Leon- ard Gansevoort. January 30, 1788. Abraham Yates, Jr., David Gelston, Philip Pell, John Hathorn, Samuel Jones.
(a) Chosen by a Provincial Convention, assembled at New York for that purpose, and recognized by resolution of Provincial Congress, June 23, 1775. ("Journal N. Y. Provincial Congres," i, 5, 51.)
(b) Signers of the Declaration of Independence.
(c) Chosen by the Convention of the State of New York. ("Journal N. Y. Provincial Congress," i, 931.)
(d) Appointed by the Legislature.
(e) Special delegates, to serve as long as those then in Congress.
(f) Continued by resolution of Legislature of August 27, till October 15, 1779. Chief Justice (special delegate).
(g) In place of Jay, Minister to Madrid.
(h) Special delegate till April I.
(i) Special delegate till March I.
(j) Commission dated November 4, 1784.
(k) Additional.
(1) Elected President of the Congress December 10, 1778, and held office until his successor was chosen September 28, 1779.
4. Committee of One Hundred-John Alsop, John Anthony, Theophilus Anthony, Everet Bancker, Francis Bassett, David Beekman, James Beek- man, Robert Benson, John Berrien, Victor Bicker, Michaelis Bogert, Abra-
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but all were determined to resist Crown authority until such time as their grievances had been removed. And until that longed-for happy day the colonists were determined to sup- port a Continental Congress acting for their common good. And they further recognized that in each colony some form of provisional government must soon be set up, for the better preservation of order. So it happened that the Committee of One Hundred in New York sent circulars throughout the counties, inviting them to send delegates to a Provincial Con- gress, to be held in New York City on May 22, 1775, "to deliberate upon, and from time to time direct such measures as may be expedient for our common safety." The First Congress5 met accordingly, and ratified the acts of the Pro- vincial Convention, its action thus becoming, it might be con- sidered the first act of the free State of New York. The Pro- vincial Congress took the place of the dormant General As- sembly, and had three sessions : May 22 to July 8; July 26 to September 2; October 4 to November 4, 1775. The Second
ham Brasher, Abraham Brinkerhoff, John Broome, Samuel Broome, Thomas Buchannan, Joseph Bull, Lancaster Burling, Petrus Byvank, David Clark- son, Cornelius Clopper, Peter T. Curtenius, John DeLancey, William Den- ning, James Desbrosses, James Duane, Daniel Dunscomb, Abraham Duryee, Gerardus Duyckinck, Lawrence Embree, Edward Fleming, George Folliott, Walter Franklin, William W. Gilbert, Peter Goelet, William Goforth, Joseph Hallett, Benjamin Helme, Nicholas Hoffman, John Imlay, Thomas Ivers, George Janeway, Frederick Jay, John Jay, David Johnson, Samuel Jones, Garrat Keteltas, Benjamin Kissam, William Laight, John Lamb, John Lasher, Jacobus Lefferts, Francis Lewis, Leonard Lispenard, Peter V. B. Livingston, Philip Livingston, Abraham P. Lott, Cornelius P. Low, Isaac Low, Garbriel H. Ludlow, Gabriel W. Ludlow, William W. Ludlow, Alex- ander McDougall, John Marston, Thomas Marston, Eleazer Miller, John B. Moore, John Morton, Hercules Mulligan, Lindley Murray, Daniel Phoenix, Lewis Pintard, Jeremiah Platt, Thomas Randall, Robert Ray, John Reade, Henry Remsen, Rudolphus Ritzema, Isaac Roosevelt, Nicholas Roosevelt, Comfort Sands, John Morin Scott, Isaac Sears, William Seton, Richard Sharp, Thomas Smith, Oliver Templeton, Joseph Totten, John Van Cort- landt, Anthony Van Dam, Augustus Van Horn, Peter Van Schaack, Jacob Van Voorhees, Jacobus Van Zandt, Samuel Verplanck, Abraham Walton, William Walton, John White, Richard Yates, Hamilton Young.
5. Deputies to First Provincial Congress of New York-1775: May 22 to July 8; July 26 to September 2; October 4 to November 4. President, Peter Van Brugh Livingston; Vice-President, Volkert P. Douw; Secre-
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Provincial Congress® convened on November 14, 1775, and ended its existence on May 13, 1776; the Third Provincial Congress7 opened on May 14 and closed on June 30, 1776.
By this time it had become clear to many in the temporary governments formed by the several colonies that more reg- ular State governments should be organized. The much de- bated question of whether the Union is older than the States may still furnish a subject for debate, it may with certainty be affirmed that the Continental Congress gave the initiative to the establishment of nearly every State government. The earliest recommendation for the formation of State Govern- ments came in response to requests to the Continental Con- gress from New Hampshire to form constitutions. In May, 1776, when it had become evident that a Declaration of In- dependence could not long be delayed, the Continental Con- gress passed a resolution which, after an appropriate preamble, recommended to the several Assemblies and Conventions of the United Colonies, where no government sufficient to the exigencies of their affairs had been created, to adopt such
taries, John Mckesson, Robert Benson; Doorkeeper, Thomas Pettit; Presi- dents pro tem, Nathaniel Woodhull, August 28, Abraham Yates, Novem- ber 2. Albany : Robert Yates, Abraham Yates, Jr., Volkert P. Douw, Jacob Cuyler, Peter Silvester, Dirck Swart, Walter Livingston, Robert Van Rensselaer, Henry Glen, Abraham Ten Broeck, Francis Nicoll. Charlotte : Archibald Campbell, William Marsh, George Smith, David Watkins, John Williams. Cumberland : John Hazeltine, Paul Spooner, William Williams. Dutchess: Dirck Brinckerhoff, Anthony Hoffman, Zephaniah Platt, Rich- ard Montgomerie, Ephraim Paine, Gilbert Livingston, Jonathan Landon, Gysbert Schenck, Melancton Smith, Nathaniel Sackett. Kings : Nicholas Couwenhoven, John Leffertse, Johannis E. Lott, Theodorus Polhemus, Jere- miah Remsen, Richard Stillwell, John Vanderbilt, Henry Williams. New York: Isaac Low, P. Van Brugh Livingston, Alexander McDougall, Leon- ard Lispenard, Joseph Hallett, Abraham Walton, Abraham Brasher, Isaac Roosevelt, John DeLancey, James Beekman, Samuel Ver Planck, Richard Yates, David Clarkson, Thomas Smith, Benjamin Kissam, John Morin Scott, John Van Cortlandt, Jacobus Van Zandt, John Marston, George Falliott (a), Walter Franklin, Isaac Sears, James Van Cortlandt. Orange : John Coe, David Pye, Michael Jackson, Benjamin Tusten, Peter Clowes, William Allison, Abraham Lent, John Haring, Jeremiah Clark, Israel Seely, Jesse Woodhull. Queens: Jacob Blackwell, Jonathan Lawrence, Daniel Rapalje, Zebulon Williams, Samuel Townsend, Joseph French (b),
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government as should, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.
On May 31, 1776, the Third Provincial Congress of New York adopted a resolution recommending that in consequence of the "dissolution of the former government by the abdica- tion of the late Governor and the exclusion of this colony from the protection of the King of Great Britain," that deputies be elected "to institute and establish such a government as they shall deem best calculated to secure the rights, liberties and happiness of the good people of this Colony." And as the Third Provincial Congress questioned its own power, without popular consent, to make a Constitution for the State, they dissolved, recommending to the electors in the several counties either to authorize their present deputies, or to elect special delegates, to take into consideration the necessity and pro- priety of instituting such new government as was recom- mended by the Continental Congress; and, if deemed best, to
Joseph Robinson, Nathaniel Tom, Thomas Hicks, Richard Thorne. Rich- mond: Paul Micheau, John Journey, Aaron Cortelyou, Richard Conner, Richard Lawrence. Suffolk : Nathaniel Woodhull, John Sloss Hobart, Thomas Tredwell, John Foster, Ezra L'Hommedieu, Thomas Wickham, James Havens, Selah Strong. Tryon: John Martlett, John Moore, Chris- topher P. Yates. Ulster : Johannis Hardenburgh, James Clinton, Egbert Dumond, Charles Clinton, Christopher Tappen, John Nicholson, Jacob Hoornbeek. Westchester: Gouverneur Morris, Lewis Graham, James Van Cortlandt, Stephen Ward, Joseph Drake, Philip Van Cortlandt.
(a) Declined.
(b) Afterward placed under arrest for disaffection.
6. Deputies to Second Provincial Congress-1775: November 14 to December 2 (a) ; December 6-22. 1776: February 12 to March 16; May 8-13. President, Nathaniel Woodhull (b) ; President pro tem, John Haring (c) ; Vice-President, Volkert P. Douw; Secretaries, John Mckesson, Robert Benson; Doorkeeper, Thomas Pettit. Albany : Abraham Ten Broeck, Abraham Yates, Jr., Jacob Cuyler, Francis Nicoll, Robert Yates, Henry Glen, Peter Silvester, Peter R. Livingston, John James Bleecker, Leonard Gansevoort, Henry Oothout, Robert Van Rensselaer. Charlotte: John Wil- liams. Cumberland : Paul Spooner, William Williams. Dutchess : Petrus Ten Broeck, Beverly Robinson, Cornelius Humphreys, Henry Schenck, Gil- bert Livingston, John Kaine, Jacob Everson, Morris Graham, Robert G. Livingston. Kings : Rutger Van Brunt, John Vanderbilt, John Leffertse,
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institute and establish such government, to continue until future peace with Great Britain should render the same un- necessary.
Pursuant to the latter recommendation, elections were held, and the deputies elected to the Fourth Provincial Con- gress8 constituted the First Constitutional Convention. It was not merely a convention to frame a constitution; it had broader powers, having "to institute and establish" a new government. It was both a convention and a legislature, and it acted in both capacities, first framing an organic law and afterwards appointing a Council of Safety. The Fourth Provincial Congress, or First Constitutional Convention, as- sembled at White Plains on July 9, 1776, the venue of the session being changed from New York City because of the presence there of the British. The deputies were eventually forced by the exigencies of the military situation to retreat also from White Plains, and they completed their work at Kingston on April 20, 1777. On the opening day of the con-
Theodore Polhemus, Nicholas Couwenhoven. New York: P. Van Brugh Livingston, Cornelius Clapper, Alexander McDougall, Joseph Hallett, Thomas Smith, Abraham Brasher, Isaac Roosevelt, James Beekman, Ben- jamin Kissam, John Morin Scott, John Van Cortlandt, Jacobus Van Zandt, John Morton, Isaac Sears, John Ray, Theodorus Van Wyck, Anthony Rutgers, John Imlay, Gabriel W. Ludlow, Benjamin Helme, Comfort Sands, Adrian Rutgers, Everet Bancker, Isaac Stoutenburgh, William Denning, Samuel Prince. Orange: Not represented. Richmond : Adrian Bancker, Richard Lawrence. Suffolk: John Sloss Hobart, Thomas Tredwell, Selah Strong, Nathaniel Woodhull, Ezra L'Hommedieu, David Gelston, Thomas Wickham, Daniel Brown. Tryon: John Moore, Isaac Paris, William Wills. Ulster : Henry Wisner, Matthew Rea, Dirck Wynkoop, Jr., Matthew Cantine, Andries DeWitt, Andies Lefever, Thomas Palmer, Samuel Brew- ster. Westchester: Lewis Graham, Stephen Ward, Joseph Drake, Robert Graham, John Thomas, Jr., William Paulding, Ebenezer Lockwood, Pierre Van Cortlandt, Gilbert Drake.
(a) These sessions were irregular, a majority of the counties not being represented.
(b) Elected December 6 and reëlected February 12.
(c) Elected December 16.
7. Deputies to Third Provincial Congress-1776: May 14 to June 30. President, Nathaniel Woodhull (a); President pro tem, John Haring (b) ; Vice-President, Volkert P. Douw; Secretaries, John McKesson, Robert
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vention the deputies had "Resolved, unanimously, that the reasons assigned by the Continental Congress for declaring the United Colonies free and independent States are cogent and conclusive, and that, while we lament the cruel necessity which has rendered that measure unavoidable, we approve the same and will, at the risk of our lives and fortunes, join with the other Colonies in supporting it."
The convention records show the names of some of the greatest patriots of New York's Revolutionary period : John Jay, to whom a large part of the first Constitution has been ascribed; Robert R. Livingston, Gouverneur Morris and James Duane. On August 1, 1776, the convention named a committee to prepare a form of government; those appointed were John Jay, John Sloss Hobart, William Smith, William Duer, Gouverneur Morris, Robert R. Livingston, John Broome, John Morin Scott, Abraham Yates, Jr., Henry Wis- ner, Samuel Townsend, Charles de Witt, Robert Yates. This committee groped in almost an unexplored field in framing
Benson ; Doorkeeper, Thomas Pettit. Albany: Abraham Ten Broeck, Abraham Yates, Jr., Robert Yates, Jacob Cuyler, Robert Van Rensselaer, Leonard Gansevoort, John Tayler, Matthew Adgate, John James Bleecker, Peter R. Livingston, Christopher Yates, John Ten Broeck, Henry Glen, Francis Nicoll. Charlotte: William Duer, Alexander Webster, John Wil- liams, William Malcolm. Cumberland: William Williams, John Sessions, Simon Stevens, Joseph March. Dutchess: Robert R. Livingston, James Livingston, Gilbert Livingston, Jonathan Landon, Morris Graham, Henry Schenck, Theodorus Van Wyck, John Schenck, Anthony Hoffman, Paul Schenck, Nathaniel Sackett, Cornelius Humphreys, Zephaniah Platt, James Vanderburgh, Benjamin Delavergne, John Field. Gloucester: Jacob Bay- ley. Kings: Theodorus Polhemus, Nicholas Couwenhoven, John Leffertse, Rutger Van Brunt, John Vanderbilt, Leffert Leffertse, Jeremiah Remsen, Jeremiah Vanderbilt. New York: Philip Livingston, John Alsop, James Duane, John Jay, Francis Lewis, Henry Remsen, John Broome, Anthony Rutgers, Peter Pra. Van Zandt, Abraham P. Lott, Daniel Dunscomb, Gar- ret Abeel, Thomas Randall, Isaac Roosevelt, James Beekman, Isaac Stouten- burgh, John Morin Scott, Everet Bancker, Abraham Brasher, Robert Har- pur, William Denning, Jacobus Van Zandt, Comfort Sands, Joseph Hallett, John Van Cortlandt. Orange: Henry Wisner, William Allison, Archibald Little, Joshua H. Smith, Thomas Outwater, Isaac Sherwood, Peter Clowes, Roeloff Van Houten, David Pye, John Haring. Queens : Jacob Blackwell, Jonathan Lawrence, Samuel Townsend, James Townsend, Abraham Kettle-
GOUVERNEUR MORRIS MANSION
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GENESIS OF STATE GOVERNMENT
a fundamental law for the State, for they had few models to follow and improve. They reported to the convention on March 12, 1777, which report was discussed until April 20, following, when the
FIRST CONSTITUTION OF THE STATE OF NEW YORK
was adopted. The Constitution embraced the Declaration of Independence, also resolutions of the Continental and Colonial Congresses. It then based itself upon the proposition that no authority shall be exercised over the people of the State but such as shall be derived from and granted by them. This democratic platform is not fully borne out in the Constitution itself, nor was the work of the convention submitted to the people for their ratification.
The convention provided for a bi-cameral Legislature con- sisting of a Senate and Assembly, or House of Assembly as it was also called, which were to convene once at least in every year for the dispatch of business. The Assembly was to con-
tas, Waters Smith, Cornelius Van Wyck, John Williams, Thomas Hicks. Richmond : Richard Conner, Aaron Corteyou, John Journey, Richard Law- rence, Paul Micheau. Suffolk: Nathaniel Woodhull, John Sloss Hobart, Thomas Tredwell, Thomas Dearing, Ezra L'Hommedieu, William Smith, David Gelston, Ben Miller, Selah Strong, Thomas Wickham, Daniel Brown. Tryon : John Moore, William Harper, Benjamin Newkirk, Volkert Veeder, Isaac Paris, Christopher P. Yates. Ulster : Charles DeWitt, Matthew Can- tine, Christopher Tappen, Arthur Parks, George Clinton, Matthew Rea, Henry Wisner, Levi Pauling, Johannis Snyder, Abraham Hasbrouck, Sam- uel Brewster. Westchester: Lewis Morris, Gouverneur Morris, Gilbert Drake, Pierre Van Cortlandt, Jonathan G. Tompkins, Zebadiah Mills, Ebene- zer Lockwood, Benjamin Smith, Samuel Haviland, Jonathan Platt, Lewis Graham, Peter Fleming.
(a) Elected May 18.
(b) Elected June 19.
8. Deputies to Fourth Provincial Congress or First Constitutional Con- vention-(a) 1776: July 9 to October 5; December 5, 6, 1777: March 6 to May 13. Presidents, Nathaniel Woodhull (b), Abraham Yates, Jr. (c), Peter R. Livingston (d), Abraham Ten Broeck (e) ; Presidents pro tem, Abraham Yates, Jr. (f), William Smith (g), Leonard Gansevoort (h) ; Vice-President, Volkert P. Douw; Secretaries, John Mckesson, Robert Benson; Doorkeeper, Thomas Pettit. Albany: Abraham Yates, Jr., Robert Yates, Robert Van Rensselaer, Matthew Adgate, John Tayler, John Ten Broeck, Abraham Ten Broeck, John James Bleecker, Jacob Cuyler, Leonard
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sist of seventy members elected annually in the several counties of the State in proportions fixed by the Constitu- tion. The qualifications of electors of Assemblymen differed from those of electors of Senators. To be eligible to vote for an Assemblyman it was necessary that the citizen offering his vote should have resided in the county six months im- mediately preceding election day, and also that he should be a freeholder possessing a freehold of the value of twenty pounds within the county of his residence, or the lessee of a tenement of the yearly value of forty shillings. Any elector qualified to vote for an Assemblyman was eligible to the office, but no one might enjoy the elective franchise until he had taken an oath or affirmation of allegiance to the State.
The basis of suffrage in the election of Senators was much less democratic, and selection to the Senate was confined to fewer persons. The Senate was to consist of twenty-four freeholders chosen by freeholders alone; and only such were entitled to vote as were possessed of freeholds of the value of one hundred pounds over all debts charged thereon. Sen- ators were elected for four years, and provision was made for the election of certain Senators every year. The Senate was divided into four classes of six each. The Constitution or- dained that at the first election six Senators should be chosen
Gansevoort, Peter R. Livingston. Charlotte: Alexander Webster, John Williams, George Smith, William Duer. Cumberland : Joseph Marsh, Simon Stevens, John Sessions. Dutchess: Zephaniah Platt, Nathaniel Sackett, Gilbert Livingston, Doctor Crane, Henry Schenck, James Living- ston, John Schenck, Anthony Hoffman, Robert R. Livingston, Jonathan Landon. Gloucester: Peter Olcott, Jacob Bayley. Kings : Theodorus Polhemus. New York: John Jay, James Duane, Philip Livingston, Robert Harpur, Francis Lewis, Garret Abeel, Isaac Stoutenburgh, Daniel Duns- comb, William Denning, Abraham Brasher, Henry Remsen, John Morin Scott, James Beekman, Evert Bancker, Isaac Roosevelt, John Broome, Abraham P. Lott, Peter P. Van Zandt, John Van Cortlandt, Anthony Rutgers, Thomas Outwater, Isaac Sherwood, Joshua H. Smith, Archibald Little, Jeremiah Clark. Queens: Jacob Blackwell, Jonathan Lawrence, Waters Smith, Samuel Townsend, Cornelius Van Wyck, James Townsend, Abraham Kettletas, Benjamin Sands. Richmond: Not represented. Suf- folk. Nathaniel Woodhull, Ezra L'Hommedieu, John Sloss Hobart, Mathias
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GENESIS OF STATE GOVERNMENT
to hold office for one year, and a like number for two, three and four years, and that at each successive annual election one- fourth of the Senate should be chosen. For the purpose of electing Senators the State was divided into four great dis- tricts, and the Constitution assigned to each district its num- ber of Senators. A majority of either House was to constitute a quorum and each House was made the judge of the quali- fications of its members. The Senate was restricted to a maximum of one hundred Senators, and the Assembly to a maximum of three hundred members. Provision was made for the taking of a census at the close of the war and at suc- cessive intervals of seven years afterwards, for the purpose of apportioning representation in the Senate and Assembly according to the changing distribution of population through- out the State.
The supreme executive authority of the State was vested in a Governor, to be chosen every three years or as often as the seat of government should become vacant, by freeholders qualified to elect Senators, and the election was to be held at the same time as the election of Assemblymen. The Consti- tution placed no limitations upon the choice of electors for the office of Governor other than that the person selected
Burnet Miller, Thomas Dearing, David Gelston, William Smith, Thomas Tredwell, David Hedges. Tryon: Volkert Veeder, William Harper, Isaac Paris, Benjamin Newkirk, John Moore. Ulster: Christopher Tappen, Mat- thew Cantine, George Clinton, Henry Wisner, Matthew Rea, Charles DeWitt. Levi Pauling, Arthur Parks. Westchester: Lewis Graham, Pierre Van Cortlandt, Ebenezer Lockwood, William Paulding, Jonathan Platt, Samuel Haviland, Zebadiah Mills, Gilbert Drake, Jonathan G. Tompkins, Lewis Morris, Gouverneur Morris, Benjamin Smith.
(a) Name changed to Convention of the Representatives of the State of New York, July 10.
(b) Elected July 9, 1776.
(c) Elected August 28, 1776.
(d) Elected September 26, 1776.
(e) Elected March 6, 1777.
(f) Elected August 28, 1776.
(g) Elected April 9, 1777.
(h) Elected April 18, 1777.
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should be "a wise and discreet freeholder." By virtue of his office he was general and commander-in-chief of the militia and admiral of the navy, was empowered to convene the Legislature on extraordinary occasions, and to prorogue it from time to time for not more than sixty days in any year. His duties corresponded with the functions of the Governor under the present Constitution, with one or two important exceptions, and were not very different from those of the royal Governors. However, impelled by fear of executive despot- ism so characteristic of that age, the framers of the Consti- tution did not invest the Governor with veto power, but, upon the suggestion of Robert R. Livingston, created a Council of Revision, adopting the following article :
Article III : And whereas laws inconsistent with the spirit of this constitution or with the public good, may be hastily and unadvisedly passed : Be it Ordained, That the Governor, for the time being, the Chancellor and the Judges of the Su- preme Court, or any two of them, together with the Governor, shall be, and hereby are constituted a council to revise all bills about to be passed into laws by the legislature. And for that purpose shall assembly themselves from time to time, when the Legislature shall be convened; for which nevertheless they shall not receive any salary or consideration under any pretence whatever. And that all bills which have passed the Senate and Assembly, shall, before they become laws, be pre- sented to the said Council for their revisal and consideration : and if upon such revision and consideration, it should appear improper to the said council or a majority of them, that the said bill should become a law of this State, that they return the same, together with their objections thereto in writing, to the Senate or House of Assembly, in whichsoever the same shall have originated, who shall enter the objections sent down by the council, at large, in their minutes, and proceed to reconsider the said bill. But if after such recommendation, two-thirds of the said Senate or House of Assembly, shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered,
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and if approved by two-thirds of the members present, shall be a law.
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