The whole clause was rejected by a two to one vote, and then all the good that it aimed at was accomplished by the adoption, on the motion of Morris, of a proviso that the toleration granted should not be held to "justify practices inconsistent with the peace and safety of this State." This proviso of Morris remains in the Constitution to this day; and thus, while absolute religious liberty is guaranteed, the State reserves to itself full right of protection, if necessary, against the adherents of any religious body, foreign or domestic, if they menace the public safety.
On a question even more important than religious toleration, namely, the abolition of domestic slavery, Jay and Morris fought side by side; but though the more enlightened of their fellow-members went with them, they were a little too much in advance of the age, and failed. They made every effort to have a clause introduced into the constitution recommending to the future legislature of New York to abolish slavery as soon as it could be done consistently with the public safety and the rights of property; "so that in future ages every human being who breathes the air of this State shall enjoy the privileges of a free man." Although they failed in their immediate purpose, yet they had much hearty support, and by the bold stand they took and the high ground they occupied they undoubtedly brought nearer the period when the abolition of slavery in New York became practicable.
The Constitution was finally adopted by the convention almost unanimously, and went into effect forthwith, as there was no ratification by the people at large.
As soon as it was adopted a committee, which included Morris, Jay, and Livingston, was appointed to start and organize the new government. The courts of justice were speedily put in running order, and thus one of the most crying evils that affected the State was remedied. A council of safety of fifteen members--again including Morris--was established to act as the provincial government, until the regular legislature should convene. An election for governor was also held almost immediately, and Clinton was chosen. He was then serving in the field, where he had done good work, and, together with his brother James, had fought with the stubborn valor that seems to go with Anglo-Irish blood. He did not give up his command until several months after he was elected, although meanwhile keeping up constant communication with the council of safety, through whom he acted in matters of state.