appear upon the record; that they were signed in the presence of the house. I do not know but that this is a wise provision. I am not speaking against the provision; but I desire that it be made practicable, and that we shall have a record of the act; and unless you do have something of that kind, this provision, it appears to me, will be a complete nullity. matter of course. It seems to me that to carry out the provisions that these gentlemen propose, they should go still further, and say after a bill is finally passed and has been finally engrossed, it shall be read over in the presence of both houses, first in the one in which it originated, and then in the co-ordinate branch, and read over again there, 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 Legnever 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 themselves. It is a proposition contained in the Constitutions of four other of these United States, and the committee thought that it ought to be adopted here and that the Journal in the houses should be so managed as to show all these things took place in their natural and legitimate order. have all to be engrossed and signed by the presiding officers. The simple provision that they shall be signed by the Governor before the adjournment of the Legislature is sufficient. Now we see the propriety of the action we have taken in requiring that these bills shall be perfected before the adjournment of the Legislature, and engrossed and signed by the presiding officers of the respective houses, and also by the Governor, previous to the adjournment of the Legislature. I am of the opinion that the section under consideration might as well be dispensed with. Mr. BELL-Just at this point I would like to say that this practice of allowing bills to be reengrossed after the adjournment of the Legisla 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 amendreading. 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 third reading. It is engrossed; it is engrossed before it is passed upon the third time. It is then passed and signed by the officer presiding in that house, and goes to the other house. It has to go through all the operations of examination there, and may be amended over and over again. Perhaps it is amended and comes back into the house where it originated, which house agrees with the amendment, and then it has to be re-engrossed. That is after all this work has been done. After it is re-engrossed as amended, and is agreed to by both houses, it is again signed by the officer of the house where it originated. It goes then to the other house again, and is signed by the presiding officer. It then goes to the Governor for his signature. Now, I never have heard, in all my experience, where there has any wrong been committed by the signing of an engrossed bill. A bill, after it is engrossed the last time, is never again read in either of the houses; if is signed by the presiding officer as al The question was announced on the amendment offered by Mr. Rathbun, to strike out the words "capable of transacting business," and inserting in lieu thereof the words "when the house is in session and a quorum present." Mr. GREELEY-I ask a division of the question on the amendment of Mr. Rathbun. The CHAIRMAN-The Chair understands this amendment to be indivisible. The question was put on the amendment of Mr. Rathbun, and it was declared lost, by a vote of 34 to 38. A DELEGATE-There is no quorum voting. that there is a quorum present, and gentlemen! Jefferson [Mr. Bickford] insist upon his amendare requested to vote. The question was again pat o.. the amendment, and it was declared adopted, on a division, by a vote of 49 to 35. The question was announced on the motion of Mr. Conger, to strike out the entire section. Mr. FULLER-I hope that motion will prevail. I have listened attentively to hear some good reason why this section should be retained, and I have failed to hear it. I hope, therefore, the section will be stricken out. The question was put on the motion of Mr. Conger, and it was declared carried. There being no further amendment the SECRETARY proceeded to read the next section as follows: SEC. 9. On the day of its final adjournment the Legislature shall adjourn at twelve o'clock at noon. I meut? Mr. BICKFORD-Yes, sir, I insist. Mr. McDONALD-My answer to the gentlemas from Jefferson [Mr. Bickford] is this, that the dangers will be found in the ante-room, and are perpetrated in the hours of night, not the hours of the day. Mr. KETCHAM-I believe that the closing scenes of the Legislature had better be at night than in the day-time, as suggested by the gentleman from Ontario [Mr. McDonald]. The question was put on the amendment of Mr. Bickford, and it was declared lost. The question recurred and was put on the motion to strike out the entire section, and it was declared lost, on a division, by a vote of 44 to 52. Mr. E. BROOKS-Before the committee proceeds 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 made is that they have attempted to frame a set of rules for the Legislature instead of making a Constitution. will be ready to report in the morning, and that their report comes in conflict with the section which is now to be read; and in reference to the 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 time for the adjournment of this body when every-Brooks, and it was declared carried. thing shall be open and exposed to view, when they are prepared to explain every thing that is going on. It was 'with that view that the proposition was presented; and I will say further that it was copied from the Constitution of a sister State. Mr. BICKFORD-I move to strike out the words "at noon." [Laughter.] I suppose if they are struck out the time of adjournment then will be at midnight, or at least it will be uncertain, so they can take their choice. [Laughter.] We Mr. McDONALD-It seems to me we have got in the way of striking out at this time. should see that we do not strike out too much. The gentleman from Jefferson [Mr. Bickford] has made an amendment entirely unnecessary, because the hour he suggests at midnight is the hour now 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 the Legislature, in which more legislation is done than in double the time previous, should be durting daylight. If you make the hour twelve o'clock at noon, you will thereby lessen at least the dangers now arising from adjourning, as they usually do, at midnight. It seems to me the resolution ought to be adopted. It can do no hurt, and it may do much of good. Mr. BICKFORD-Will the gentleman allow me to ask him a question? Mr. McDONALD-Yes, sir. Mr. BICKFORD-What are those dangers? [Laughter.] Mr. McDONALD-If the gentleman had been here during the last session he would see them in the adjoining ante-room. The CHAIRMAN-Does the gentleman from The question was put on the motion of Mr. Whereupon, the committee rose, and the PRESIDENT resumed the chair in Convention. Mr. COOKE, from the Committee of the Whole, reported that the committee had had under consideration the report of the Committee on the Legislature, its Powers and Duties, etc., had made some progress therein, but not having gone through therewith, had instructed their Chairman to report that fact to the Convention, and ask leave to sit again. The question was put on granting leave, and it was declared carried. Mr. AXTELL-I move the Convention do now adjourn. The question was put on the motion of Mr. FRIDAY, August 30, 1867. The Journal of yesterday was read by the Mr. STRONG-I ask leave of absence for one week. There being no objection, leave was granted. Mr. BARNARD-I ask leave of absence after this morning's session until Tuesday morning. Mr. GREELEY-I object to any leaves of absence for to-morrow. We are going to be left without a quorum. After that I have no objection. The question was put on granting Mr. Barnard leave of absence, and it was declared carried. Mr. MATTICE-I ask leave of absence from to-morrow morning's session. Mr. GREELEY-I object. The question was put on granting Mr. E. Brooks leave of absence, and it was declared carried. Mr. WICKHAM-I desire to ask leave of absence after this morning until next week. I have to be before the surrogate of Suffolk county. The question was put on granting Mr. Wickham leave of absence, and it was declared carried. Mr. CORBETT-I ask leave of absence for my colleague, Mr. Hiscock, until to-morrow morning. The question was put on granting Mr. Hiscock leave of absence, and it was declared carried. Mr. POND-I desire to ask leave of absence until Tuesday next, after this morning's ses sion. Mr. GREELEY-I object. The PRESIDENT-The Chair understands the gentleman from Westchester [Mr. Greeley] as objecting to any leave of absence being granted, except in case of sickness. SECTION 1. The Assembly shall have the power of impeachment, by a vote of the majority of all the members elected. The court for the trial of impeachments shall be composed of the President of the Senate, the Senators, or a major part of them, and the judges of the court of appeals, or the major part of them. On the trial of an impeachment against the Governor, the LieutenantGovernor shall not act as a member of the court. No judicial officer shall exercise his office after he shall have been impeached, until he shall have been acquitted. Before the trial of an impeachment the members of the court shall take an oath or affirmation truly and impartially to try the impeachment 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 the city of New York asking some constitutional provision to preserve the liberty of the press. Which was referred to the Committee on the Preamble and Bill of Rights. The question was put on granting Mr. Pond The question was put on granting Mr. Flagler leave of absence, and it was declared carried. Mr. BEADLE presented a petition, asking for the abolition of the body known as the Regents of the University. Which was referred to the Committee on Education. Mr. GREELEY presented the petition of rates Smith and others for the prohibition of the sale of intoxicating liquors as a beverage. Which was referred to the Committee on Adulterated and Intoxicating Liquors. cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust or profit under this State; but the party impeached shall be liable to indictment and punishment according to law. § 2. There shall be a court of appellate juris diction, called the court of appeals, composed of seven judges, who shall be elected by the electors of the State, and shall hold their office during Soc-good behavior, until the age of seventy years. They shall designate one of their number as chief justice, who shall act as such during his continuance in office. Whenever a vacancy shall 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 pendsuch 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 created, for cause shown, may order any cause thus pending before the said commissioners, to be heard in the court of appeals hereby created. Such commission shall consist of the judges of the present court of appeals elected thereto, and a fifth commissioner, who shall be appointed by the Governor, by and with the advice and consent of the Senate. hold special terms, and circuit courts, and any one of them may preside in courts of oyer and terminer in any county. § 9. No judge, either of the court of appeals or of the supreme court, shall sit in review of his own decision. But § 10. All vacancies in the office of the judge of the court of appeals or of justice of the supreme 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. 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 continue 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 committed to it are sooner determined. If at the end of three years from the time of entering upon its duties, all the causes assigned to such commission shall not have been heard and determined, *those remaining undetermined shall be heard and determined by the court of appeals hereby created. § 5. At the end of ten years from the adoption of this Constitution by the people, the Legislature shall have power to provide for the appointment of a commission to hear and determine such causes as may be transferred to it by the court of appeals, in such manner as the Legislature may direct. such vacancies shall be so filled, then thereafter all vacancies in the office of judge of the court of appeals, justice of the supreme court, judges of the superior court of the city of New York, and of the court of common pleas for the city and county of New York, and of the superior court of the city of Buffalo, shall be filled by the Governor, by and with the advice and consent of the Senate, or, if the Senate is not in session, by the Governor, but in such case the term of office shall expire at the end of the session of the Senate next after such appointment. § 12. The judges of the court of appeals, and the justices of the supreme court, shall not hold any other office or public trust. All votes for either of them for any elective office (except that of justice of the supreme court or judge of the court of appeals) given by the Legislature or the people shall be void. They shall not exercise any power of appointment to public office, except as is herein specifically provided. § 6. There shall be a supreme court having general jurisdiction in law and in equity. subject to such appellate jurisdiction of the court of appeals as may be prescribed by law. The Legislature at its session next after the adoption of this Constitution, shall divide the State into four judiial 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 oyer 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. ments. §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. nating 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 And any one or more of said judges may unless the cause thereof be entered on the jour rum. nals, nor unless the party complained of shall have been served with a copy of the complaint against him, and shall have had an opportunity of being heard in his defense. On the question of removal, the ayes and noes shall be entered on the journal. by the Legislature in cities; and such courts, except for the cities of New York, Brooklyn and Buffalo, shall have an uniform organization and jurisdiction in such cities. 19. The county judge of any county may preside at courts of sessions or hold county courts in any other county (except the city and county of New York, and the county of Kings), when requested thereto by the county judge of said other county. § 15. There shall be in the city and county of New York, the superior court of the city of New York, and the court of common pleas of said city and county. And there shall be in the city of Buffalo, 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 New cy, 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 judges of the superior court of the city of Buffalo. The judges of the said courts, respectively, shall designate one of their number as chief justice, who shall act as such as long as he continues in office. Vacancies in said courts shall be filled in the same manner as vacancies in the office of justice of the superior court, as is hereinbefore provided. § 21. The Legislature may re-organize the judicial department and districts at the first ses sion after the return of every enumeration under this Constitution, in the manner provided for in the section of this article, and at no other time. But the Legislature shall not increase the number of the departments or of the districts. 22. The electors of the several towns shall, at their annual town-meeting, and in such § 16. Justices of the supreme court shall be manner as the Legislature may direct, elect iuselected by the electors of their respective depart-tices of the peace, whose term of 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 Buffalo, by the electors of that city. The said justices and judges shall hold their offices during good behavior until they respectively attain the age of seventy years. § 17. The judges and justices of the courts of record, herein before mentioned in this article, shall receive at stated times for their services, a compensation to be fixed by law, which shall not be diminished during their respective terms of office. regulated by law. Justices of the peace and judges or justices of inferior courts, not of record, and their clerks, may be removed after due notice, and an opportunity of being heard in their defense by such county, city or State courts, as may be prescribed by law for causes to be assigned in the order of removal. § 23. All judicial officers of cities and villages, and all such judicial officers as may be created therein by law, shall be elected or appointed at such times, and in such manner, as the Legisla ture may direct, except as herein otherwise provided. 18. There shall be elected in each of the counties of this State, except the city and county of New York, one county judge, who 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 comappellate 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 $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 surrogate, 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 sessions 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, estab officer 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 § 27. The Legislature shall provide for the speedy publication of all statute laws, and of such |