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Fe onderstand, we can then move to postpone, to say his motion was out of order when it was this particular section.
introduced. Mr. ROBERTSON - Tbe minority report oon The PRESIDENT-It was. taids three different subj-cts. One refers to Mr. E. BROOKS-I leave it to the good sense charitable interests, in regard to which we ex.. of the Convention. press our doubts as to the general form in Mr. RUMSEY-I suggest that the committee, which that proposition is worded - exclud under a formal motion, have an abundant right ing all claritable institutions upon the to pass over any question they see fit. ground that all the reform in that respect that Mr. McDONALD-If the representatives of was desired by petitioners, and every resolu- the minority do not wish the motion to be tion offered, referred to donations to sectarian pressed I will withdraw it. institutions. We express our doubts in regard The Convention then resolved itself into Comto that-whether the section as drawn would be mitt-e of the Whole on the report of the Comacceptable to the Convention; and we do not mittee on the Powers and Duties of the Legisadd our recommendation to that of the majority lature, Mr. BARKER, of Chautuaqua, in the chair. in regard to that question, reserving to ourselves The SECRETARY read the first section, as folthe right to express our opinion when the ques- lows : tion comes before the Convention. So, too, SEC. The sessions of the Legislature shall with regard to biennial sessions of the Legisla- be held biennially only, at the Capitol of the latare. We have not received any such ex- State, or at sach other place as shall be by law pression of public opinion as would warrant us directed, commencing on the first Tuesday in to recommend the change proposed in the re- January, 1868, and on the same day on every port of the committee, and we did not wish to second year thereafter. The Governor may call add our final and definite advice to that of the special sessions of the Legislature by proclamamajority in regard to sessions of the Legisla- tion, in which shall be stated the particular obture intermitting for alternate years. In regard ject or objects for which they are su called, and to cities, our objection was not to what is in that no business shall be transacted at any such report, but to what is not in it; and after elabo- special session except such as shall be stated in rate examination of the question as formerly the proclamation calling the same. The Legispresented to the court of appeals, in r-gard to atare shall not adjourn for more than two weeks commissions for the government of different at any one time. districts, we asked to have inserted a provision Mr. BELL-I move to strike ont from the debarring the Legislature from adding together first line of the section, the word " bienvial ;" parts of different divisions of the State, consti- from the second line the word " ouly ;" and tuting districts for other purposes, for the pur- also from the second line the word:," or at pose of giving local jurisdiction and creating such other place as shall be by law provided." local officers, thus taking it out of the operation I think that the interest of this great Slate of the general provisions contained in the Con- requires that the Legislature should moet stitution of the State in regard to cities, towns annually. It is not like many of the smaller and villages. That is the reason gentlemen do States, whose interests are of less magnitude, not find in this report anything in regard to and can be postponed from year to year. No cities, except what relates to railroad tracks change in our present custom in this particular, through cities, in the last section—debarring is required or desirable. I think, sir, it is also the Legislature from the right to grant to indio well to settle in the Constitution n w, that the viduals the right to build railroad tracks in the Legislature shall meet at the Capitol, and it streets of a city. That is a matter of course, seems well to settle the question that the Capithat will come up and may be postponed until col shall be located at Albany; if that is to be after the report of the Committee on Cities, the action of the committee, it will require that wb'ch is likely to be brought up in a short time. the clause " at such other place as shall be by We are also opposed to the provisions for a law directed,” shall be stricked out. I therecourt of claims. In regard to those matters, I fore make the motiou to strike out that provision. would ask to bave an opportunity given to my
Mr. RATHBUN-It will be remembered, by colleague (Mr. Burrill] to express his views; most of the members of the Convention, that a and if gentlemen are extremely anxious to go section covering this point has already been op with the report afterward, I have no objec- passed by the Convention-refusing to accept tion.
the recommendation of the committee to have Mr. E. BROOKS – I intended to say substan- biennial sessions only of the Legislature. That tially what the gentleman from New York (Mr. is now, as I understand it, complete on the part Robertson), has just said, that a very important of the Convention for the present, and it would part of the minority report presented yesterday be unnecessary to alter that portion of the reby the Committee on the Powers and Duties of port. I hope, however, that the Convention the Legislature, bad reference to the charities of will consider the question of biennial sessions, this state. They had considered this subject, and that before we adjourn and leave this place and the motion of the gentleman from Ontariú they will be satisfied that it is better to make (Mr. McDonald), was entirely irrelevant. that alteration. A great deal has been said in
Mr. McDONALD – If the gentleman wishes regard to the will and the feelings of the people ; it, I will withdraw it.
and some gentlemen mentioned that they had. Mr. BROOKS—I hope the gentleman will recently been at home and learned that certain withdraw his motion. I understood the Chair I things were talked of by the people. I can
say the same thing, and in regard to that section, have been a great pablic benefit to have had it met with hearty approbation from the people; acts done which
necessary to do it was universal so far as I understand it, and upon the part of the executive offic-rs was more talked of and approved than anything of the government in a lawful manner, that that has been done in this Convention. I ap- they could have had legal sauction, Very often prehend that the gentlemen of other localities during the late rebellion there were many acts will find that it will be not only right and proper, per formed on the part of the counties and tipus but in accordance with the will of the people to and villages which were in direct violation of make that change. All that part of it, sir, 1 law; and it became necessary, in the then understand to be entirely covered by what we condition of the country that these acts bave done in Conveution on the subject of bien- should be done, and that they.should wait for nial sessions, which has been voted down. I legalization until after the Legislature, sbould doubt whether we have a provision in regard to regularly meet, before they could be legalized. the difficulty of special sessions, which is as The difficulty in connection with calling the well prepared and as perfect in its character as Legislature together, by the Governor, was that what is here presented. I do not remember he had no puwer of restriction, that when the that we have it at all; and, if pot, sir, I should Legislature should be called together to act desire that the Convention might adopt that as upon a specific matter, and wben the entire a part of the section adopted sometime ago upon people were wiliing that it should be done, there the subject of the powers and duties of the Leg. was fear upon the part of the Executive and the islature. That mertainly should be a part of people, that that power would be used as a this section.
means of going into general legislation, and Mr. COOKE — I move to amend the amend thereby doing great damage and injury to the ment by striking out all down to and including people of the State. Therefore, while we should the word "thereafter," in line four. I do cot give the power, I do not think that it is proper understand that it is competent for this commit- that he should call the Legislature together tee to adopt the provision proposed by my specially uoless be should also have the power amendment to be stricken out. The Convention to specitically.confine them to such legislation as have solemnly adopted this provision : "The he called them together for; and after they had legislative term shall begin on the 1st day of performed that specific duty their fanctions January; and the Legislature shall every year under that special call should cease. assemble on the first Tuesday of Javuury, unless Mr. ALLEN-If the gentleman will turn to a different day be appointed by law.” It is the fourth section of the article on the Governor, already adopted in the article reported by the etc., in the report of that committee he will find Committee on the Organization of the Legisla- that the Governor has power to call the Legisture. I therefore move to strike out all that lature together on extraordinary occasions exportion, leaving the remainder to stand as it'is pressed in that article. reported by the committee.
Mr. ALVORD — The only difficulty in regard Mr. BELL - I will accept the amendment. to tbat matter, is that it does not contain the
Mr. WEED -- I move to strike out the whole restriction. He has a right to convene them on section. I do it for the reason that we have extraordinary occasions; but it does not contain already fally discussed this question, adopting the restriction. It is the restriction I want the what we supposed to be the proper article, and power to call them together for a specific pur. referring it to the Committee on Revision. 1 pose and no power on the part of the Legislature make the motion also from the fact that, with io go beyond it. It strikes me that this ought to all due respect to the committee making this be adopted. It may be well enough, though not report, it was no part of the subject-matter of in the place it occupies. It wants a transposition the Constitution which was referred to it. There in order to render the instrument harmonious was a special committee upon the organization that we adopt here; but the idea should of the Legislature; that committee has reported, certainly he engrafted in the Constitution. as I have said, and has been said by the gen Mr. BELL-I am decidedly in favor of the tleman from Albany (Mr. A. J. Párker) and restriction in the latter part of this section. their report has been amended and adopted. Great inconvenience has been experienced bereThis committee was charged with the powers ofore, this subject, particularly during and duties of the Legislature The first section the war, in this regard, for the reason is entirely, as it seems to me, with reference to that the present Constitution contained po the organization and callivg of the Legislature provision by which the Governor could together. For that reason I move to strike out confine the action of the extra session to the section.
the subjects which might be specified in Mr. ALVORD--[ am decidedly in favor of the ca'l.' The Executive of this state has striking out the latter part of çhis section. I do been obliged on his own account, and in his not believe, so far as the latter part is concern- own name to incur vast responsibilities in fured, in having the Legislature compelled to sit vishing money to raise and equip troops to enin permanence here; but so far as regards this able the State to furnish its proper quota for ihe provision providing that the Governor may call urmy, because he was fearful that if he called à special session of the Legislature, it seems to the Legislature together for a specific purpose me that it is eminently proper. My recollection Lat they would enter upon general legislation, of the past history of this state has been that involving the State in a very large amount of there have been very many times when it would expenditure, and transact business that might
be deferred to the regular session of the Legis-, Potter from to-morrow evening's session and la ure. If we can select from this section so until Tuesday morning. much as may apply to that particular subject, There being no objection, leave was granted. and then leave it to the Committee on Revision to Mr. SCHELL-I ask leave of absence for Mr. put it into proper shape, we shall do all that Dugaone until Tuesday next. He has been will be necessary in adopting this section. I suddenly called away." think, therefore, that this part of the section There being no objection, leave was granted. which restricts the Legislature from entering Mr. HADLEY-I ask leave of absence for upon any other legislation except that for which myself for the sittings of to-morrow and Saturit was specifically called to consider, should be day. adopted, and engrafted upon previous sections. There being no objection, leave was granted.“ that we have heretofore passed and that are not Mr. WILLIAMS— I ask leave of absence until contained in those sections.
Monday evening for Mr. Prosser, of Erie. Mr. RUMSEY-Before that question is put I There being no objection, leave was granted. desire to say a word with regard to the provis- Mr. RUMSEY—I ask leave of absence for Mr. ions for biennial sessions of the Legislacare; and Lapham, who has been called home on impor. that restriction upon the action of the Legisla- tant business, until Tuesday morning. tare which forbids it to do any act except those There being no objection, leave was granted. for which it may have been called together by Mr. AXTELL-I ask leave of absence for Mr. tbo Governor, as these are the only important Landop until Wednesday morning. provisions contained in this section. It is per-| There being no objection, leave was granted. fectly evident to every one that more than two- Mr. FOLGER-I ask leave of absence from thirds of the legislation of this State for the last to-morrow at noon until Tuesday morning. five years has been confined to questions of local There being no objection, leave was granted. and private legislation, and that in the absence Mr. M. H LAWRENCE-I ask leave of abof that class of legislation there is no sort of ne- sence for Saturday and Monday. cessity for baving a meeting of the Legislature There being no objection, leave was granted. ofteper than once in two years. If hey are only lir. GREELEY-If we do not stop somewhere to legislate in regard to general subjects, if they io granting leaves of absence we shall have no are to legislate only upon questious of general quorum. I object to any more leaves of absence concernment, the experience of the courts and of after this one. counsel engaged therein during the two years of The Convention again resolved into Committee recess will have pointed out all the requisite of the whole, on the report of the Committee general amendments to the laws that are neces on the Legislature, its Powers and Duties, etc., sary with greater distinctness than a shorter Mr. COOKE, of Ulster, in the chair term. I understand that it is one of the cardi- The CHAIRMAN announced the pending nal objeots which this Convention has in view question to be on the motion of Mr. Bell, to to stop this flood of private and local legislation, strike out the first, second, third and fourth and that they intend, before they shall adjourn, lines of the first section down to and including to adopt some measure wbich sball produce that the word "thereafter;" and the amendment of result. There are in this report which bas been Mr. Weed, to the amendment to strike out the submitted here several provisions which are in- eptire section. tended to eff ot that purpose, and we think they Mr. VAN CAMPEN - I now more that the will do it. Amongst them is this
Committee rise and report this article to the The hour of two o'clook baving arrived, the Convention, and ask to be discharged from its PRESIDENT resumed the chair in Convention. further consideration.
The PRESIDENT announced the appointment Mr. RUMSEY - I believe I have the floor. of Mr. Reynolds as a member of the Committee The CHAIRMAN - The Chair did not recog. on Fature Amendu ents to the Constitution, in nize the gentleman from Steaben (Mr. Rums-y 1, place of Mr. J. Brooks, who voluntarily retired, but recognized the gentleman from Cattaraugus
The Convention then took a recess until half-I(Mr. Van Camped] past seven o'clock P. M.
Mr. ALVORD - I believe that a motion to rise and report progress is not debatable. But this
is a separate and distinct motion. It has relerEVENING SESSION.
ence to reporting the article to the Convention ; The Convention re-assembled at half-past and I desire to be heard a few moments on seven o'clock, when proceedings were resunied.lihat point, if the Chairman is of the same opin.
Mr. ARCHER-I ask leave of absence for ion with myself. the balance of the week, on account of ill! Mr. SHERMAN -I rise to a point of order, health.
hat the motion is not in order when amendThere being no objection, leave was granted. I ments are pending.
Mr. MERRILL-I ask indefinite leave of ab. The CHAIRMAN-The Chair is of opinion that sence for Mr. Frank, of Wyoming, and for my. the point of order is well takeo. : Belf until Saturday evening.
Mr. RUMSEY--I was remarking when the There being no objection, leave was granted committee rose, that the object of this Conven
Mr. BILVESTER-I ask leave of absence for 'ion was to adopt such a system as should tend Mr. Sheidon, of Dutchess, for next week. to reduce the volume of legislation in the State.
There being no objection, leave was granted. We have already done that to some considerable Mr. CLINTON-I ask leave of absence for Mr.Textent in the provision .we bave adopted witb
regard to chartering corporations under gene- , bave heretofore passed a provision for the ral laws and the amendments to such charters-- assembling of the Legislature on the first Tuesthat I understand will prevent all applications to day in January of 1868 and anonally thereafter. the Legislature for ameudment to those charters That having been passed by the Convention and for the purpose of increasing or modifying their being now with the Committee on Revision it is powers. The provision contained in this report not necessary to re-enact it here, and the only is that all private and local legislation shall be had point now inder discussion is whether the Legunder general laws, and if that shall be adipted i lature shall meet appually or biennielly as it will reuder unnecessary another large portion provided for in this article. I will not state the of the legislation of the State. In addition to reasons why they should meet annually, as I thoge sections, this report provides for embracing havo repeated them at the session this morning. within the scope of general laws, another very I only rise to state to the commiitce the condilarge portion of legislation which may just us tion of the pending question. well be done under such law as not. Now, if we Mr. E. A BROWN - When this subject of should succeed in removing from the action of biennial sessions of the Logislature was under the Legislature all these things, there will be discussion in the committee, I was disposed to nothing left except the appropriations for the favor its being reported to the Convention with support of government and the ordioary laws for the view to a more thorough discussion, and if the protection of private rights and redressing the Convention were favorably disposed to its public and private wrongs, which, in my judg- adoption to adopt it. But, sir, the action of the ment may better be deferred two years than Convention some days ago, it seems to me, has be acted upon year by year. These are the disposed of the question, and although there reasons which have induced the committee to are many strong reasons in faror of the proporeport this provision for bienvial sessions of th- sition, I am, for myself, satisfied with the dispoLegislature; and, sir, we are not the pioneers sition of it made by the Convention on a former in this proposition ; there are eleven of the occasion. It is urged by my honorable friend States in this Union that now have only bien dia! from Steuben Mr. Rumsey), who has given the sessions of the Legislature, and they are some subject more consideration than I have, that the of them States almost as extensive in their busi- previous action of this Convention has disposed noss operacions and their int+rests as is the State of maag subjects of legislation, so that there of New York; those States are Indiana, will not be that necessity hereafter, that there Mississippi, Nebraska, Ohio, Delaware, Ken- has been heretofore, for unnual sessions of tucky, Michigan, Missouri, Arkansas, North the Legislature. I desire to say in answer to Carolina and Oregon. In all of these Statesihat, that the State of New York is a great they have only biennial sessions of the Legisla- State, baving great interests, a growing poputure, and I need not advert to the fact that the lation, and an increasing business, and as State of Ohio has, for all practical purposes, ay lime progresses and as other resources of the much need of annual sessions of the Legisla. State are more and moro developed, as other ture as we have, yet it has been without them enterprises undertaken, other interests for a great many years. It has extensive canals, developed, there will be new subjects of Legislarge numbers of railroads and large cities lation, it seems to me, to take the place of those within the bounds of the State, and there is no which, to some extent, have been disposed of, reason wby the State of New York should have and thus create a necessity for annual meetings annual sessions of tho Legislature that do noi of the Legislature. I am, therefore, disposed to apply with equal force to these other States. vote for the amendment of the genileman from Michigan has but just completed the revisiov Jefferson (Mr. Bell], to strike out the first four of ber Constitu'ion, an 1 having heretofore bad lines of the section, retaining that part which the experience of bienvial sessions of the Legis relates to special sessions of the Legislature but lature, she has retained that provision in hea restricting their authority at special sessions, to new Covstitution, and I gather from that, that the subjects mentioned in the proclamation of it worked well in that Stato; and yet she has the Governor which called them together, inportant interests to care for; interests almost The question was put on the amendment of as important as any in the State of New York Mr. Bell, and it was declared adopted. I have nothing further to say on the subject of The question was then announced on the mobiennial legislation except simply this, tbal lion of Mr. Wued, to strike out the balance these various considerations have induced the of the section, committee to report in favor of biennial ses Mr. FERRY-I would like to Dave some sions, and it is with the Convention to say gentleman state if there is any reason why the. whether they will adopt the report or not. Bui L-gislature shall be so restricted in their action, there is ove provision in this section whicla after they are so curtailed in their powers and are should be retained whether that as to biennial paid by a stated salary. I would like to htar some sessions shall be retained or not. It is the pro reason stated why, when called together for a spevision which restricts the action of the Legisla-cial object, they should be precluded from exam; ture at special sessions to the matters stated in aning into any other matters provided they should the proclamation cal ing them together and for deem it important to do so. the purpose for which they are called. harm would arise from not rretricting their
Mr. BELL-It seems to me that this amend authority in this respect, and I rise therefore to ment is not well understood. It will be remem ask some geatleman who has reasons for such bered by the members of this committee that we restriction, to give them. Then I do not under
I cannot see what
stand why the Legislature should be restricted, and fifth sections of this report are comprised in regard to a ljournments, if paid by a salary. It within two sections of the report which has it might materially add to the expense there been adopted by the Convention, might be some reasons for pot permitting an Mr. RUMSEY-It is right to strike out the adjournment for more than two weeks. But as three sections right along. They have been it is, I cannot see that any harm can arise from adopted just as they are here. their having the power to do so.
Mr. CHESEBRO-I will change it, and move Mr. RUMSEY-Tbat clause was inserted, that to strike out the three sections, the Legislature should not adjourn for more SEVERAL DELEGATES-Foar. than two weeks, as appropriate, providing the Mr. CHESEBRO—Yes, the four. section as to biennial sessions should pass, 80 Mr. RUMSEY_Which four sections does the that they sbould not get around the provision gentleman from Ontario (Mr. Chesebro) mean? by a long adjournment. The reason why they Mr. CHESEBRO—They are the four followshould not do any other work at special sessions ing the one now adopted. than that for which the session was called by Mr. RUMŞEY-Yes, you are right. the Gosernor, was simply this, and it will ope. The question was put, on the motion of Mr. rate with more force Dow that we have con- Chesebro, and it was declared carried. cluded to have annual sessions. If they are The SECRETARY preceeded to read the next called together they will be called together at ad section, as follows: unusual time at a time when the people at Sec. 2. For any speech or debate, in 'either large do not expect any legislation, and are not house of the Legislature, the members sball not prepared for it, and will not give it that atien be questioned in any other place. tion which they would do if bey met at regular There being no amendments to the section, sessions Therefore, it should be confined to the SECRETARY proceeded to read the next the particular business to which they are called. section as follows:
Mr. E. A. BROWN-I move to amend by Sec. 3. Any bill may origipate in either house striking out " The Legislature shall not adjourn of the Legislature, and all bills passed by one for more than two weeks at any one time." house may be amended by the other.
The question was put on the motion of Mr. E. There being no amendments to the section, A. Brown, and it was declared carried.
the SECRETARY proceeded to read the next The question then recurred on the amendment section as follows: of Mr. Weed, and it was declared lost.
| Sec. 3. The enacting clause of all bills There being no further amendments to the shall be “The People of the State of New first section, the SECRETARY proceeded to read York, represented in Senate and Assembly, do the second section, as follows:
enact as follows," and no law shall be eparted Suc. 2. No momber of the Legislature shall or money or property be appropriated except receive any civil appointment within this State by bill. from the Governor, the Governor and Sepate, or Mr. RUMSEY – The last word should be from the Legislature during the time for which law," so that it shall read, "except by law," be shall have been elected, and all such appoint- instead of except by bill." medts and all votes given for any such member, I The CHAIRMAN — The Secretary will mak) for any office or appointment shall be void the correction,
Mr. CHESEBRO--I move to strike out that sec- Mr. SPENCER-The amendment suggested tion, as being already within the sixth section of will involve lantology. It will read, “no law document 79, already adopted by the Convention, shall be enacted, etc., except by law." in the report of the Committee of the Whole on the Mr. RUMSEY-The language used in the sec. report of the Committee on the Legislature, itsition reported, is precisely that of the old Con. Organization, etc. The sixth section of that stitution, with the exception of inserting the report applies to this and some of the following words " or money or property be appropriated." sections.
That h s been added by the committee. Mr. BELL- I call for the reading of the Mr. SHERMAN-I move to amend so that it sixth section.
shall read "and no money or property shall be Mr CHESEBRO - Tho sixth section reads : appropriated except. by law." That will be an
SEC. 6. No member of the Legislatore shall improvement. be appointed to any civil office within this State Mr. SCHOONMAKER—The word "bill” in the by the Governor, the Governor and Sepate, or provision in the old Constitution, is in contradisby the Legislature daring the time for which he tinction to a joint resolution, so that po law shall have been elected, and all such appoint. should be passed except by bill. That is to say ments and all votes given for any such member that it should not be passed by a joint resolo. therefor shall be void. Nor shall any person tion. I think the word "bill" is right. being a member of Congress, or holding any Mr. BELL—The word “bill” is right. It judicial or military office under tbe United seems to me that the gentleman from Oneida States, hold a seat in the Legislature. If any [Mr. Sherman) has not looked at this with his person shall, after his election as a member of usual care ; he bas not provided that po law shall the Legislature, be eleoted to Congress, or ap- be enacted or money or property appropriated pointed to any office, civil or military, under except by bill; I think he has omitted that clause. the government of the United States, his ao. I am of ihe opinion that it is correct as printed captance thereof shall vacate his seal.
in this section, and if it shall remain, tliat vo law I'think, sir, that the second third, fourth shall be enacted, or money or property be appro