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Kaminski, John P.; Saladino, Gaspare J.; Leffler, Richard; Schoenleber, Charles H.; Hogan, Margaret A.; Reid, Jonathan M. (ed.) / Ratification of the Constitution by the states: New York (5)
23 (2009)

VII-C. The payment of New York Convention delegates,   pp. 2498-2501

Page 2498

particular, to Smith Havens6 and all friends as though named & beleive
me to be in truth & sincerity Your Friend & servt.
[P.S.] Tell all our friends to stand fast-
1. RC, MSC 955, N. Addressed as "Favd. by Col. Hay." Livingston was a delegate to
the New York Assembly sitting in Albany.
2. A reference to the stalemate between the New York Assembly and Senate over the
manner in which to elect U.S. Senators. The Assembly (the more numerous body, con-
trolled by Antifederalists) wanted to use the old system of electing delegates to the Con-
federation Congress, which called for separate nominations by each house. A person
nominated by both houses was elected. But if the two houses disagreed in their nomi-
nations, the senator (or senators) would be elected by joint ballot from all of the can-
didates nominated by each house. (See Article XXX of the New York constitution of
1777.) The less numerous, Federalist-controlled state Senate wanted to have each house
nominate U.S. Senators. If the nominees were not agreed upon, the Assembly would
choose one of the two nominees from the Senate's list, and the Senate would choose
one of the two Assembly nominees. (See DHFFE, III, 221-23.)
3. See "A Federal Republican" Nos. 1-3, New York Journal, 27 November, 11 December
1788, and 1January 1789 (DHFFE, III, 212-13, 214-15, 261-64).
4. A reference to the hostility that Antifederalists statewide felt toward the Antifeder-
alist delegates who had voted to ratify the Constitution in the state Convention on 26
July 1788. Melancton Smith and Gilbert Livingston were two such Antifederalists who
voted to ratify.
5. Psalms 76:10. "Surely the wrath of man shall praise thee: the remainder of wrath
shalt thou restrain."
6. John De Witt, John Smith, and Jonathan N. Havens were in Albany as delegates to
the state Assembly. Although Antifederalists, they had voted to ratify the Constitution in
the state Convention on 26 July 1788.
VII-C. The Payment of New York Convention Delegates
Just before the New York Convention adjourned on 26 July 1788, it
requested its President, George Clinton, to "ascertain the incidental
expences of the Convention, and to lay the account thereof before the
Legislature at their next meeting" (RCS:N.Y, 2325). The legislature
convened on 8 December, a month earlier than usual, but it did not
pass an act paying the Convention delegates until 28 February 1789,
three days before it adjourned. The busy session had grown increasingly
bitter as they debated how to provide for the elections of representatives
and senators to the new Congress and whether to call a second general
convention to consider amendments to the Constitution. Excerpts from
the pay act are printed below, along with documents by delegates re-
questing or acknowledging payment. Excerpts are also printed from
the daybook of delegate James Duane who had kept a record of his

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