Imagens das páginas

appear upon the record; that they were signed in matter of course. It seems to me that to carry the presence of the house. I do not know but out the provisions that these gentlemen propose, that this is a wise provision. I am not speaking they should go still further, and say after a bill is against the provision; but I desire that it be finally passed and has been finally engrossed, it made practicable, and that we shall have a record shall be read over in the presence of both houses, of the act; and unless you do have something of first in the one in which it originated, and then in that kind, this provision, it appears to me, will the co-ordinate branch, and read over again there, be a complete nullity.

and signed by the presiding officer. I believe Mr. RUMSEY—I have never had the honor of there is, in the provision allowing the Governor being a member of the Legislature, and probably to sign bills only during the session of the Leg. never shall have, but I have heard of transactions islature, all the safeguard we can have in of this kind, of bills reported as correctly and this matter; that this is a matter by which properly enrolled by the Engrossing Committee, we cannot,' by any possibility, be benefited which between that time and the time they have by any other constitutional enactment. The case been signed by the officers of the house, have the gentleman from Steuben (Mr. Rumsey) has been changed and become entirely different things, undertaken to speak about is entirely a different containing provisions that ought not to have been case from any I have ever seen. I have not in them. If the proposition in this section is known of any case where the presiding officer of fairly carried out it will amount to this: after the either house has signed any engrossed bill at any Engrossing Committee report it to the house other place than within the body of the house he as properly engrossed, that fact will be entered presided in, except after the adjournment of the on the Journal, and it will also appear at the same Legislature. That is entirely avoided now by the time, from the Journal, that the presiding officer of fact that no bill can be signed by the Governor the house, signed it at that time. The Journal except during the session of the Legislature. In will thus show that the bill is a perfect thing, and times gone by, when three hundred, four hundred it cannot thereafter very readily be changed. The or five hundred bills were passed on the last days fact of its being signed by the officers of the two of the session, and the adjournment came directly houses ought always to appear from the Journal. upon the passage of the bills, then the presiding It seems to me, in view of these allegations of officer, as a matter of course, had to remain in fraudulent changes made in bills in their pas. Albany to sign the bills. It is desirable that the sage from one place to the other, in the progress Governor should sign all bills before the Legislaof legislation, that this section ought to be adopt- ture adjourns; but, as a matter of course, they ed. The committee did not originate the section have all to be engrossed and signed by the prethemselves. It is a proposition contained in the siding officers. The simple provision that they Constitutions of four other of these United States, shall be signed by the Governor before the ad. and the committee thought that it ought to be journment of the Legislature is sufficient. adopted here and that the Journal in the houses Mr. BELL-Just at this point I would like to should be so managed as to show all these say that this practice of allowing bilis to be rethings took place in their natural and legitimate engrossed after the adjournment of the Legislaorder.

ture is liable to very great abuses. After the Mr. ALVORD—The gentleman from Steuben adjournment of the Legislature there is no respon[Mr. Rumsey) does not seem to understand the sible body to examine these bills and see whether manner in which these matters are done, and must they have been correctly engrossed or whether necessarily be done in the Legislature of this the engrossed bill compares precisely with the State. A bill is proposed in the Senate, and it is amendments and the original bill. It has been finally passed through all stages except the third more than suspected that many important amend. reading. It is then sent to the Committee on En- ments have been made in the engrossing-room. grossed Bills and ordered to be engrossed for the Now we see the propriety of the action we have third reading. It is engrossed; it is engrossed taken in requiring that these bills shall be perbefore it is passed upon the third time. It is fected before the adjournment of the Legislature, then passed and is sigued by the officer presiding and engrossed and signed by the presiding oficers in that house, and goes to the other house. It of the respective houses, and also by the Gove has to go through all the operations of examina-ernor, previous to the adjournment of the Legistion there, and may be amended over and over lature. I am of the opinion that the section under again. Perhaps it is amended and comes back consideration might as well be dispensed with. into the house where it originated, which house The question was announced on the amendment agrees with the amendment, and then it has to be offered by Mr. Rathbun, to strike out the words re-engrossed. That is after all this work has "capable of transacting business," and inserting been done. After it is re-engrossed as amended, in lieu thereof the words “when the house is in and is agreed to by both houses, it is again signed session and a quorum present." by the officer of the house where it originated. Mr. GREELEY-I ask a division of the quesIt goes then to the other house again, and is tion on the amendment of Mr. Rathbun. signed by the presiding officer.

It then goes to

The CHAIRMAN–The Chair understands this the Governor for his signature. Now, I never amendment to be indivisible. have heard, in all my experience, where there The question was put on the amendment of Mr. has any wrong been committed by the signing of Rathbun, and it was declared lost, by a vote of an engrossed bill. A bill, after it is engrossed 34 to 38. the last time, is never again read in either of the A DELEGATE–There is no quorum voting. houses; if is sigued by the presiding officer as al The CHAIRMAN-The Chair is of the opinion


that there is a quorum present, and gentlemen! Jefferson (Mr. Bickford) insist upon his amendare requested to vote.

ment? The question was again put on the amendment, Mr. BICKFORD—Yes, sir, I insist. and it was declared adopted, on a division, by a Mr. MCDONALD-My answer to the gentlevote of 49 to 35.

mas from Jefferson [Mr. Bickford) is this, that The question was announced on the motiou of the daugors will be found in the ante-room, and Mr. Conger, to strike out the ontire section. jare perpetrated in the hours of night, not the

Mr. FULLER-I hope that motion will preva:l. lours of the day. I have listened attentively to hear sonic good rea Mr. KETCHAM-I believe that the closing son why this section should be retained, and I have scenes of the Legislature had better be at night failed to hear it. I hope, therefore, the section than in the day-time, as suggested by the gentlewill be stricken out.

man from Ontario (Mr. McDonald). The question was put on the motion of Mr. Cun. The question was put on the amendment of Mr. ger, and it was declared carried.

Bickford, and it was declared lost. There being no further amendment the SEC. The question recurred and was put on the moRETARY proceeded to read the next section lion to strike out the entire section, and it was as follows:

declared lost, on a division, by a vote of 44 to 52. Sec. 9. On the day of its final adjournment Mr. E. BROOKS—Before the committee prothe Legislature shall adjourn at twelve o'clock at ceeds to read the next section in reference to the

charities of the State, I will state that the ComMr. FULLER-I move to strike out that sec- mittee on Charities and Charitable Institutions tion. The mistake which the committee have will be ready to report in the morning, and that made is that they have attempted to frame a set their report comes in conflict with the section of rules for the Legislature instead of making a which is now to be read; and in reference to the Constitution.

fact that the minority of the Committee on the Mr. RUMSEY—The committee did not consider Powers and Duties of the Legislature have conthis a rule at all, except as it should be a control. sidered this section, and their report is not yet ling rule on the action of the Legislature. A man upon our tables, I respectfully move, as chairman who has ever heard of the closing scenes of most of the Committee on Charities, that the commitLegislatures should be satisfied that this provi. tee now rise and report progress. sion is one that should be adopted. It provides a The question was put on the motion of Mr. time for the adjournment of this body when every. Brooks, and it was declared carried. thing shall be open and exposed to view, when Whereupon, the committee rose, and the they are prepared to explain every thing that is PRESIDENT resumed the chair in Convention. going on. It wag'with that view that the propo Mr. COOKE, from the Committee of the Whole, sition was presented; and I will say further that it reported that the committee had had under contras copied from the Constitution of a sister sideration the report of the Committee on the State.

Legislature, its Powers and Duties, etc., had made Mr. BICKFORD-I move to strike out the some progress therein, but not having gone words "at noon." [Laughter.] I suppose if they through therewith, had instructed their Chairman are struck out the time of adjournment then will to report that fact to the Convention, and ask be at midnight, or at least it will be uncertain, so leave to sit again. they can take their choice. [Laughter.]

The question was put on granting leave, and it Mr. MCDONALD—It seems to me we have got was declared carried. in the way of striking out at this time. We Mr. AXTELL-I move the Convention do now should see that we do not strike out too much. adjourn. The gentleman from Jefferson (Mr. Bickford) has The question was put on the motion of Mr. made an amendment entirely unnecessary, because Axtell, and it was declared carried. the hour he suggests at midnight is the hour now So the Convention adjourned. usually adopted. As has been well stated by the gentleman from Steuben (Mr. Rumsey], if there is anything desirable, it is that the last hours of

FRIDAY, August 30, 1867. the Legislature, in which more legislation is done

The Convention met at ten o'clock A, M. than in double the time previous, should be dur Prayer was offered by Rev. STEPHEN L. ting daylight. If you make the hour twelve STILLMAN. o'clock at noon, you will thereby lessen at least The Journal of yesterday was read by the the dangers now arising from adjourning, as they SECRETARY and approved. usually do, at midnight. It seems to me the res Mr. STRONG-I ask leave of absence for one olution ought to be adopted. It can do no hurt, week. and it may do much of good.

There being no objection, leave was granted. Mr. BICKFORD–Will the gentleman allow me

Mr. BARNARD-I ask leave of absence after to ask him a question?

this morning's session until Tuesday morning. Mr. MCDONALD-Yes, sir.

Mr. GREELEY-I object to any leaves of ab. Mr. BICKFORD–What are those dangers ? sence for to-morrow. We are going to be left

without a quorum. After that I have no objection. Mr. MCDONALD_If the gentleman had been The question was put on granting Mr. Barnard here during the last session he would see them leave of absence, and it was declared carried. in the adjoining ante-room.

Mr. MATTICE-I ask leave of absence from THE CHAIRMAN-Does the gentleman from tomorrow morning's session.



Mr. GREELEY-I object.

The undersigned, a majority of the Committee The question was put on grautiug Mr. Mattice on the Judiciary, report the following article : leave of absence, and it was declared carried. It is the conclusion which the committee has

Mr. FOWLER-I ask leave of absence for Mr. arrived at after weeks of laborious consideration, Case for another week. He is still confined to of exhaustive discussion and many votes upon his bed by sickness.

various propositions, and is as nearly as possible The question was put on granting Mr. Case the harmonizing of differing and opposite views. leave of absence, and it was declared carried. Dated, August 30, 1867. Mr. E. BROOKS—I shall be necessarily detain

CHAS. J. FOLGER, ed to-morrow, and respectfully ask leave of ab.


WY. M. EVARTS, Mr. GREELEY-I object.

JOS. G. MASTEN, The question was put on granting Mr. E. Brooks

GEORGE BARKER, leave of absence, and it was declared carried.

JOSHUA M. VAN COTT, Mr. WICKHAM-I desire to ask loave of ab

CHAS. P. DALY, sence after this morning until next week. I have

W. HUTCHINS, to be before the surrogate of Suffolk county.

F. KERNAN, The question was put on granting Mr. Wick

THEODORE W. DWIGHT, ham leave of absence, and it was declared car.


CHAS. ANDREWS, Mr. CORBETT—I ask leave of absence for my

EDWARDS PIERREPONT, colleague, Mr. Hiscock, until to-morrow morn


ARTICLE VI. The question was put on granting Mr. Hiscock leave of absence, and it was declared carried. SECTION 1. The Assembly shall have the power

Mr. POND—I desire to ask leave of absence of impeachment, by a vote of the majority of all until Tuesday next, after this morning's ses- the members elected. The court for the trial of sion.

impeachments shall be composed of the President Mr. GREELEY-I ohject.

of the Senate, the Senators, or a major part of The PRESIDENT—The Chair understands the them, and the judges of the court of appeals, or gentleman from Westchester (Mr. Greeley) as the major part of them. On the trial of an imobjecting to any leave of absence being granted, peachment against the Governor, the Lieutenantexcept in case of sickness.

Governor shall not act as a member of the court. The question was put on granting Mr. Pond No judicial officer shall exercise his office after he leave of absence, and it was declared carried. shall have been impeached, until he shall have been

Mr. BOWEN-I ask leave of absence for Mr. acquitted. Before the trial of an impeachment Flagler until next Tuesday.

the members of the court shall take an oath or The question was put on granting Mr. Flagler affirmation truly and impartially to try the imleave of absence, and it was declared carried. peachment according to evidence, and no person

Mr. T. W. DWIGHT-I present a memorial shall be convicted without the concurrence of twofrom a gentleman who has had thirty years' ex- thirds of the members present. Judgment in perience in connection with the public press in cases of impeachment shall not extend further the city of New York asking some constitutional than to removal from office, or removal from office provision to preserve the liberty of the press. and disqualification to hold and enjoy any office

Which was referred to the Committee on the of honor, trust or profit under this State; but the Preamble and Bill of Rights.

party impeached shall be liable to indictment and Mr. BEADLE presented a petition, asking for punishment according to law. the abolition of the body known as the Regents of $ 2. There shall be a court of appellate juris. the University.

diction, called the court of appeals, composed of Which was referred to the Committee on seven judges, who shall be elected by the electors Education.

of the State, and shall hold their office during Mr. GREELEY presented the petition of Soc- good behavior, until the age of seventy years. rates Smith and others for the prohibition of the They shall designate one of their number as sale of intoxicating liquors as a beverage. chief justice, who shall act as such during his

Which was referred to the Committee on Adul. continuance in office. Whenever a vacancy shal terated and Intoxicating Liquors.

occur in the office of chief justice, it shall be Mr. FOLGER—I submit at this time the report filled by the judges of the court from among of the standing Committee on the Judiciary. The their number. The judges of the court of apreport, which is as follows, is signed by all the peals shall have power to appoint and remove a members of the committee except Mr. Comstock. clerk of said court, a reporter thereof, and such I telegraphed to Mr. Comstock for his signature attendants as shall be authorized by law. to the report and he answered by the simple § 3. Upon the organization of the court of word "No." I wish to ask leave until Tuesday appeals under this Constitution, the causes next for Mr. Goodrich to present a minority re- then pending in the present court of appeals port.

shall become vested in the court of appeals The PRESIDENT—There being no objection, hereby created. Such of said causes as are peldsuch leave is granted.

ing on the first day of January, eighteen hundred Mr. FOLGER proceeded to read the report, as and sixty-eight, shall be heard and determined follows:

by a commission to consist of five commissioners

of appeals. But the court of appeals hereby hold special terms, and circuit courts, and any created, for cause shown, may order any cause one of them may preside in courts of oyer and thus pending before the said commissioners, to terminer in any county. be heard in the court of appeals heroby crc $ 9. No judge, either of the court of appeals ated. Such commission shall consist of the or of the supreme court, shall sit in review of his judges of the present court of appeals elected own decision. thereto, and a fifth commissioner, who shall be § 10. All vacancies in the office of the judge appointed by the Governor, by and with the ad- of the court of appeals or of justice of the suvice and consent of the Senate.

preme court, shall as these occur be filled by elec.. $ 4. If any vacancy shall occur in the office of tion by the electors of the State, at the general said commissioners, it shall be filled by appoint. election next after the vacancy shall occur. But ment by the Governor, by and with the advice and the Governor, by and with the advice and consent consent of the Senate; and if the Senate is not in of the Senate, when the Senate is in session, and session, by the Governor, but in such case the the Governor, when the Senate is not in session, term of office shall expire at the end of the ses- may fill such vacancy by appointment, which sion of the Senate next after such appointment. shall contioue until the first day of January next The said commissioners shall appoint from their after such general election. number a chief commissioner (and may appoint $ 11. At the general election in the year and remove such attendants as shall be provided 1870 there shall be submitted to the people, in for by law); (and may in like manner fill all va- such manner as the Legislature shall provide by cancies in such appointments). The reporter of law, to be determined by the electors of the State, the court of appeals shall be the reporter of the question: "Shall vacancies as they occur in said commissioners. And the decisions of said the office of the judges and justices mentioned in commissioners shall be certified to and en sections 2, 5 and 15 of this article be filled by tered and enforced as the judgment of the appointment ?" And if the majority of all tho court of appeals. The said commission shall electors voting at such election shall vote that continue for three years, unless the causes such vacancies shall be so filled, then thereafter committed to it are sooner determined. If at the all vacancies in the office of judge of the court of end of three years from the time of entering upon appeals, justice of the supreme court, judges of its duties, all the causes assigned to such commis- the superior court of the city of New York, and sion shall not have been heard and determined, of the court of common pleas for the city and *those remaining undetermined shall be heard and county of New York, and of the superior court determined by the court of appeals hereby cre- of the city of Buffalo, shall be filled by the Govated.

ernor, by and with the advice and consent of the $5. At the end of ten years from the adoption Senate, or, if the Senate is not in session, by the of this Constitution by the people, the Legislature Governor, but in such case the term of office shall have power to provide for the appointment shall expire at the end of the session of the Senof a commission to hear and determine such ate next after such appointment. causes as may be trausterred to it by the court $ 12. The judges of the court of appeals, of appeals, in such manner as the Legislature may and the justices of the supreme court, shall not direct.

hold any other office or public trust. All votes $ 6. There shall be a supreme court having for either of them for any elective office (except general jurisdiction in law and in equity. subject that of justice of the supreme court or judge of to such appellate jurisdiction of the court of ap- the court of appeals) given by the Legislature or peals as may be prescribed by law. The Legisla. I the people shall be void. They shall not exercise ture at its session next after iho adoption of this any power of appointment to public office, except Constitution, shall divide the State into four judi. as is herein specifically provided. cial departments, and (each of said departments) $ 13. The times and places of holding the into two) districts to be bounded by county lines. terms of the court of appeals and of the general The city and county of New York shall form one and special terms of the supreme court within the district

. There shall be thirty-four justices of several departments and districts, and the circuit the said supreme court; ten thereof in the depart-courts and courts of over and terminer within the ment in which is the city and county of New several counties, shall be provided for by law. York, and (eight) in each of the other departments. But provision shall be made for holding general But the Legislature shall have power to provide terms at convenient places in each of said disfor an additional justice in each of said depart- tricts.

§ 14. Judges of the court of appeals and $ 7. The Legislature shall have the same pow- justices of the supreme court may be removed by er to alter and regulate the jurisdiction and pro concurrent resolution of both houses of the Legceedings in law and equity, as they have here-islature, if two-thirds of all the members elected tofore possessed.

to the Assembly, and a majority of all the mem$ 8. Provision shall be made by law for desig. members elected to the Senate concur therein. pating from time to time the justices who shall all judicial officers, except those mentioned in this hold the general terms, and also for designating section, and except justices of the peace and a chief justice of each department, who shall act judges and justices of inferior courts, not of reas such during his continuance in office. Four of cord, may be removed by the Senate on the the said judges shall be designated to hold the recommendation of the Governor. But no regeneral term, and three thereof, shall form a quo- moval shall be made by virtue of this section fun. And any one or more of said judges may unless the cause thereof be entered on the jour


nals, nor unless the party complained of shall have by the Legislature in cities; and such courts, exbeen served with a copy of the complaint against cept for the cities of New York, Brooklyn and him, and shall have had an opportunity of being Buffalo, shall have an uniform organization and heard in his defense. On the question of re- jurisdiction in such cities. moval, the ayes and noes shall be entered on the § 19. The county judge of any county may journal.

preside at courts of sessions or hold county

courts § 15. There shall be in the city and county of in any other county (except the city and county New York, the superior court of the city of New of New York, and the county of Kings), when York, and the court of common pleas of said city requested thereto by the county judge of said and county. And there shall be in the city of Buf- other county. falo, the superior court of said city. The said courts $ 20. The Legislature may, on application of shall severally have the jurisdiction they now sev. the board of supervisors, provide for the election erally possess, and such other original and ap- of local officers, not to exceed two in any county, pellate civil and criminal jurisdiction as may be to discharge the duties of county judge and of conferred by law. There shall be five judges of surrogate, in cases of their inability or of a vacanthe superior court in the city and county of Newcy, and to exercise such other powers in special York; five judges of the court of common pleas cases as may be provided by law. of the said city and county of New York; and three $ 21. The Legislature may re-organize the judges of the superior court of the city of Buf- judicial department and districts at the first sesfalo. The judges of the said courts, respectively, sion after the return of every enumeration under shall designate one of their number as chief jus- this Constitution, in the manner provided for in tice, who shall act as such as long as he the — section of this article, and at no other time. continues in office. Vacancies in said courts shall But the Legislature shall not increase the number be filled in the same manner as vacancies in the of the departments or of the districts. office of justice of the superior court, as is here. $ 22. The electors of the several towns in before provided.

shall, at their annual town-meeting, and in such § 16. Justices of the supreme court shall be manner as the Legislature may direci, elect iuselected by the electors of their respective depart- tices of the peace, whose term or office shall be ments; judges of the superior court of the city four years. In case of an election to fill a vacanand county of New York, and of the court of cy, occurring before the expiration of a full term, common pleas of the city and county of New they shall hold for the residue of the unexpired York, by the electors of that city and county; term Their number and classification may be and judges of the 'superior court of the city of regulated by law. Justices of the peace and Buffalo, by the electors of that city. The said judges or justices of inferior courts, not of record, justices and judges shall hold their offices during and their clerks, may be removed after due good behavior until they respectively attain the notice, and an opportunity of being heard in their age of seventy years.

defense by such courity, city or State courts, as § 17. The judges and justices of the courts of' may be prescribed by law for causes to be record, herein before mentioned in this article, assiguod in the order of removal. shall receive at stated times for their services, a & 23. All judicial officers of cities and villages, compensation to be tixed by law, which shall not and all such judicial officers as may be created be diminished during tlieir respective terms of therein by law, shall be elected or appointed at office.

such times, and in such manner, as the Legisla$ 18. There shall be elected in each of the ture may direct, except as herein otherwise procounties of this State, except the city and county vided. of New York, one county judge, wlio shall hold $ 24. Clerks of the several counties of this his office for seven years. He shall hold the coun. State shall be clerks of the supreme court, with ty court and perform the duties of the office of such powers and duties as shall be prescribed by surrogate. The county court as at present exist- law. The clerk of the court of appeals shall keep ing, shall be continued with such original and his office at the seat of government. His com. appellato jurisdiction as shall from time to time pensation shall be fixed by law and paid out of be conferred upon it by the Legislature. The the public treasury. county judge with two justices of the peace, to 8 25. No judicial officer except justices of the be designated according to law, may hold courts peace, shall receive to his own use, any fees or of sessions, with such criminal jurisdiction as the perquisites of office; nor shall any judicial officer Legislature shall prescribe, and perform such oth- in the State, except a county judge, or surrocate; er duties as may be required by law. The county or special county judge or surrogate, or justice of judge shall receive an annual salary, to be fixed the peace, or police justice; nor shall any judicial by the board of supervisors, which shall not be officer in the city of New York, or in the city of diminished during his continuance in office. The Brooklyn, practice as an attorney or counselor-atjustices of the peace for services in the courts of law in any court of record in this State, or act as Bessions shall be paid a per diem allowance out referee. of the county treasury. In counties having a § 26. The Legislature may authorize the judg. population exceeding forty thousand, the Leg. ments, decrees, and decisions of any local inferior islature may provide for the election of a separate court of record of original civil jurisdiction, estabofficer to perform the duties of the office of surro- lished in a city, to be removed for review, directly gate, whose term of office shall be the same as into the court of appeals. that of county judge. Inferior local courts, of civil or criminal jurisdiction, may be established speedy publication of all statute laws, aud of such

$ 27. The Legislature shall provide for the

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