.

IV, V, XII, XVI.

The fourth provides, "that the assembly of the state of New York shall
consist of at least seventy members, to be annually chosen in the several
counties in certain proportions." The 5th, 12th and 16th, declare that a
census shall be taken every seven years, to regulate the augmentation of
the number seventy, so as not to exceed three hundred. Here seventy
members are divided among the several counties, and consequently into at
least as many poles and sets of members to be annually chosen. If this is
contrasted with the constitution for the federal government--the
constitutional assembly or house of representatives will be found to
consist of sixty-five members divided among thirteen states, to be chosen
every second year. Six for the state of New York; not distributed among
the counties, but by all the counties. And, although "the times, places
and manner of holding elections for senators and representatives shall be
prescribed in each state by the legislature thereof," yet, as it provides
that "Congress may at any time by law, make or alter those regulations,
except as to places of chusing senators"--the power in the state government
to prescribe rules in those cases will be superseded by the executive of
the general government, perhaps to the great inconvenience of the people.

FROM THE VITH TO THE XIITH.

The sixth paragraph recites that an opinion hath long prevailed among
divers of the good people of this state that the voting at the election by
ballot would tend more to preserve the liberty and equal freedom of the
people than voting viva voce; to the end, therefore, that a fair
experiment be made which of these two methods of voting is to be
preferred, it declares that after the war elections shall be by ballot.

The seventh and eighth regulate the freeholds, and what property shall
entitle a man to vote; the ninth, the mode of conducting business in the
assembly, and their privileges; the tenth, eleventh, and twelfth, the
number of the senate, and how and by whom they shall be elected.

As these clauses regulate the mode of elections and qualifications of the
voters of senate and assembly, a relation of what gave rise to the
provisions for voting by ballot and that of the value of the freehold,
will help to unravel what otherwise may appear mysterious.

In respect to the first it may be necessary to observe that under the
colonial government there existed violent parties, not known by