well and wise to do so. I trust this Convention | Convention, and ask to be discharged from its will be willing to allow one body to be consti- further consideration. tuted and paid, as the best Legislatures have always been paid in all ages of the world. The question was put on the amendment of Mr. Greeley, and it was declared lost.

Mr. FOLGER-I move a reconsideration of the vote by which the amendment in relation to the compensation of the members of the Legislature has just been passed.

The question was then put on the motion of Mr. Folger, and it was declared lost.

Mr. T. W. DWIGHT-Do I understand the Chair to state the question to be on the reconsideration of the vote just taken?

The CHAIRMAN-Yes, sir.

The SECRETARY proceeded to read the first section as reported, as follows:

Any

SECTION 1 The Legislative power of this State shall be vested in a Senate and Assembly. elector of this State shall be eligible to the office of Senator or member of the Assembly.

Mr. WEED-As there have been many changes in very many particulars made in this report, if in order, I move, and I hope if not in order, it will be done by unanimous consent, that the amendments made to this report be printed and placed on our tables this evening, and that we now adjourn till seven o'clock instead of half-past seven. It is one-half hour earlier than our fixed time, and then we can consider it understanding

Mr. FOLGER-My motion was to reconsider the vote taken on the amendment which proposedly. that every man should be branded as a rogue The PRESIDENT-The Chair, will inform the when he comes here. I do not know that I have gentleman [Mr. Weed] that by a rule passed sevcorrectly stated it, in words, but that is the sub-eral days since, the hall this evening is to be used stance of it. for another purpose.

Mr. M. I. TOWNSEND-There has been one eternal ding from the time we entered this Convention until now against the corruption of the Legislature, and I want, now that there is a possible opportunity to do something, that we should not lose the advantage we obtain by reason of that opportunity. It is so important, it has been felt we must overturn our whole system of government because the legislators are corrupt. This is one mode of reaching it, and I hope that we shall not, through any fear of branding men as rogues that are not rogues, fail to ask honest men to just say they are not. I hope it will not be reconsidered.

Mr. FOLGER-I call for the reading of the amendment, and I wish to reserve the floor.

The SECRETARY again read the amendment of Mr. L. W. Russell.

Mr. WEED-That was only upon condition that we did not use it.

The PRESIDENT-The Chair finds no condition attached to the resolution.

Mr. S. TOWNSEND-I wish, sir, if now in order, to offer an amendment as a substitute for the first section:

The SECRETARY proceeded to read the amendment as follows:

SEC. 1. Every elector of this State shall be eligible for any of the offices herein named. The supreme legislative power of this State is vested in a Senate and Assembly.

The Legislature at its first session, after the adoption of this Constitution, and from time to time thereafter, shall confer upon the several boards of town, county, village and city officers, the necessary and appropriate powers of legislalation and administration for the local government of their several districts.

Mr. FOLGER-This starts out with the presumption that there are men who will come here with the deliberate design of degrading their Mr. S. TOWNSEND-If, sir, I have listened official position, and sacrificing their moral char- to the debates which have taken place in this acter. I shall not affirm or deny but that may body, properly and understandingly, there is an be so; but grant that it is so. Grant that there expression which has called for, and a determinasits in this hall, and in the hall above, winter af- tion shown, to confer larger legislative power, ter winter, men who will pollute their hands and than they have heretofore enjoyed upon the vari blister their moral character with the reception ous officers and boards of towns and counties. I of bribes, I would ask the gentleman from Rens- am aware, sir, that the committee having this selaer [Mr. M. I. Townsend] to look at how flimsy subject more directly in charge, propose to report a barrier he erects when he provides that they a provision, substantially embodying this idea, shall swear that they did not receive bribes. It is a mere hedge of hemp which would fall before the blaze of their passions. It would not stand an instant; an oath would not restrict them at all. Men who are corrupt and rotten enough to legislate from bribery, as you concede there are such, will add perjury to their crimes.

The hour of two o'clock having arrived, the committee rose, and the President resumed the Chair in Convention.

Mr. ARCHER, from the Committee of the Whole, reported that the committee had had under consideration the report of the Committee on the Legislature, its Organization, etc., and had made some progress therein, and under the resolution adopted by the Convention, had directed their chairman to report back the article to the

yet it seems to me to be a proper time now to submit this proposition, and to engraft this principle upon the article now under consideration. If this substitute should prevail, I shall then be prepared to vote intelligently upon the question between the large and small district system. If such a provision should be adopted, it will tend to diminish the number of the body of the Senate, so it may assume more of the character of a council of revision. A gentleman who has filled the highest legislative and historical position in this State, and whose presence a few evenings since I was happy to greet on this floor [Hon. Gulian C. Verplanck], now an octogenarian, told me that he opposed continuing that provision in the Constitution of 1821, but he has long been convinced that he was unwise in his opposition to

what reason he has for asking for so long a leave of absence?

Mr. SEYMOUR-The reason is an engagement of long standing, which is imperative, and must be filled.

There being no objection, leave of absence was granted.

Mr. FRANCIS I ask for leave of absence for my colleague [Mr. Armstrong] for an indefinite period, on account of ill health.

There being no objection, leave of absence was Mr. BICKFORD-I deem it wrong to grant these indefinite leaves of absence, although it has been done. The PRESIDENT-The objection of the gentleman [Mr. Bickford] comes too late.

that measure; and that the only real objection to
the provision, was that there was too large a share
of the judicial element in the old council of re-
vision, and it should have had a greater proportion
of lay members. Having simply suggested these
facts to the minds of a body so intelligent as the
one I am now addressing, I need hardly care to
say anything more. It will also undoubtedly
tend to decrease the amount of legislation, which
produced last year something like a thousand
acts, when twenty years ago the legislation was
comprised in perhaps two hundred bills. Twenty-granted.
five years ago, when these principles became
engrafted in the policy at least of one party of
this State, the principles of 1842, were con-
creted under the organic law of 1846, it was
the opinion of the framers of those laws, that if
the Legislature properly attended to its duties,
and excluded from their consideration all matters
of local or special legislation, they might confine
the number of laws to one hundred a year. In
the Legislatures immediately after the Convention
of 1846, there were very few laws passed. If we
take this view we may be able to limit the
requirements of the Legislature to even a session
of sixty days. And we might then have a com-
pensation adequate to a class of men who cannot
now get along on a pecuniary remuneration of
ten dollars a day, much less three dollars.

Mr. ALVORD-In order to avoid the difficulty we have got ourselves into by the adoption of this resolution, giving the use of this hall for this evening-which I do not wish on my part to take · away-I would move that we now take a recess until four o'clock this afternoon.

The question was put on the motion of Mr. Alyord, and it was declared carried.

So the Convention took a recess until four o'clock.

AFTERNOON SESSION.

Mr. T. W. DWIGHT-I ask for leave of absence for Mr. C. E. Parker, of Tioga, who is compelled to go to Syracuse, as a member of a committee, until Tuesday afternoon.

There being no objection, leave of absence was granted.

Mr. FLAGLER-I ask for leave of absence for Mr. Endress, until Wednesday next.

There being no objection, leave of absence was granted.

Mr. LUDINGTON-I have been absent from home five weeks, and I am compelled to ask leave of absence from to-morrow until Tuesday next.

There being no objection, leave of absence was granted.

The PRESIDENT announced the special order of the day, being the report of the Committee of the Whole on the article reported by the Committee on the Legislature, its Organization, etc.

The PRESIDENT announced the pending question to be on the substitute of Mr. S. Townsend to the first section as reported by the Committee of the Whole.

The question was put on the substitute of Mr. The Convention re-assembled at four o'clock, S. Townsend, and it was declared lost. when the proceedings were resumed.

Mr. S. TOWNSEND-I call for the ayes and noes.

The PRESIDENT-The Chair will inform the gentleman that his call came too late.

Mr. FULLER-I desire to ask leave of absence for myself from to-day until Wednesday next. I have business that needs attention. Besides, my constant attendance upon the sessions has caused Mr. BICKFORD-I move to amend by striking the state of my health to become such as to re-out all after the words "members of Assembly,' quire a short rest.

There being no objection, leave of absence was granted.

Mr. BARKER-I ask for leave of absence for myself from to-morrow's sessions.

There being no objection, leave of absence was granted.

Mr. WALES-I ask for leave of absence for myself from the latter part of the session to-morrow until Monday evening.

There being no objection, leave of absence was granted.

Mr. CHESEBRO-I ask leave of absence until Tuesday morning, from the session of to-morrow.

There being no objection, leave of absence was granted.

Mr. SEYMOUR-I ask for leave of absence until Thursday.

Mr. BICKFORD-Will the gentleman state

in the second line, and insert, "Any citizen of the State possessing the qualification of an elector except as to residence in the town, ward or election district, shall be eligible to the office of Senator or member of Assembly."

My object in offering this amendment is to make persons eligible who may not be electors in some cases. As we have adopted a suffrage article, a man is not an elector who happens not to have lived in an election district for ten days, or in a town thirty days, and in a county four months. Although he may have been a resident of the senate district all his life, he is not eligible, as the section now stands, to vote for a Senator, unless he has lived in the election district for ten days, and in the town for thirty days, and in the county for four months. It is absurd as it now stands.

The question was put on the amendment of Mr. Bickford, and it was declared lost.

Mr. S. TOWNSEND-I move a reconsidera

At the first election under said arrangement of districts, the Senators elected in districts bearing odd numbers shall vacate their offices at the end The fourth district shall consist of the first, of two years, and those elected in districts bearsecond, third, fourth, fifth, sixth, seventh, thir- ing even numbers at the end of four years; and teenth and fourteenth wards of the city of New if vacancies occur by the expiration of term, they York. shall be filled by the election of Senators for the full term of four years.

Mr. SHERMAN-I move to amend by substituting for the section the following:

"The State shall be divided into eight senate districts. There shall be four Senators in each district. The Legislature, at its first session after the adoption of this Constitution, shall divide the State into eight senate districts, to be composed of convenient and contiguous territory so that each may contain as nearly as may be an equal number of inhabitants, excluding aliens. districts shall remain unaltered until the A like ap

The ninth district shall consist of the counties return of another enumeration. of Westchester, Putnam and Rockland.

The tenth district shall consist of the counties at its first session after each enumeration. The of Orange and Sullivan.

The question was announced on the first tion of the substitute as proposed by Mr.

man.

The name of Mr. Hatch was called. Mr. HATCH-I have paired with Mr. stock, who would vote in the affirmative. should vote no.

por- | first election, one Senator shall annually at the Sher- general election be chosen in each senate district to hold office for the term of three years. Mr. CHESEBRO-Although I approve of the Com-general features of the substitute offered by the I gentleman from Ulster [Mr. Schoonmaker], I desire to offer an amendment to one of the propo

The PRESIDENT-The gentleman will be ex-sitions that shall be introduced; and perhaps I cused.

The name of Mr. McDonald was called.

Mr. McDONALD-I should vote in favor of the large district system, but I have paired with Mr. Goodrich.

The name of Mr. Sherman was called.
Mr. SHERMAN-I have paired with Mr. Gerry.
I should vote in the affirmative, and he in the
negative.

may as well introduce it as an amendment to the substitute offered by the gentleman [Mr. Schoonmaker]. It is to strike out the words "excluding aliens," and on that I ask the ayes and noes.

Not a sufficient number seconding the call, the ayes and noes were not ordered.

The question was put on the amendment of Mr. Chesebro, and it was declared lost.

Mr. SCHOONMAKER-I call for the ayes and

The SECRETARY proceeded to call the roll on the first part of the substitute of Mr. Sher-noes on my proposition. man, and it was lost by the following vote, viz.: Mr. RUMSEY-I move to amend the substiAyes-Messrs. C. L. Allen, Alvord, Andrews, tute offered by the gentleman from Ulster [Mr. Barker, Bell, Bowen, Chesebro, Cooke, Daly, Schoonmaker], so as to provide that the term of Duganne, C. C. Dwight, T. W. Dwight, Field, Fol-office shall be six years, and that one Senator in ger, Francis, Frank, Greeley, Harris, Hutchins, each district of those first elected shall go out of Jarvis, Kernan, Ludington, Merritt, Merwin, office at the end of two years, one at the end of Monell, Paige, President, Rathbun, Schoonmaker, four years, and one at the end of six years. Seaver, Seymour, Van Cott-32.

The question was put on the amendment of Mr. Rumsey and it was declared lost

Noes-Messrs. A. F. Allen, Archer, Axtell, Baker, Ballard, Barnard, Beadle, Beals, Bergen, Mr. SEAVER-I hope that the substitute Bickford, E. Brooks, E. P. Brooks, E. A. Brown, offered by the gentleman from Ulster [Mr. SchoonW. C. Brown, Burrill, Carpenter, Corbett, Corn-maker] will be adopted by the Convention. It ing, Eddy, Endress, Flagler, Fowler, Fuller, Fullerton, Garvin, Gould, Grant, Graves, Gross, Hadley, Hammond, Hand, Hardenburgh, Hitchcock, Hitchman, Houston, Ketcham, Kinney, Krum, Landon, Larremore, A. Lawrence, A. R. Lawrence, M. H. Lawrence, Lee, Livingston, Loew, Lowrey, Masten, More, Morris, Opdyke, A. J. Parker, Prindle, Prosser, Reynolds, Robertson, Rogers, Rolfe, Roy, Rumsey, A. D. Russell, Schell, Schumaker, Spencer, Stratton, Tappen, M. I. Townsend, S. Townsend, Van Campen, Wakeman, Wales, Wickham, Williams-74.

The PRESIDENT-The first part of the proposition being lost, the remaining proposition falls of its own weight.

Mr. SCHOONMAKER-I offer the following substitute for the second section:

strikes me to be eminently wise and just. It is a compromise between the large district and the small district systems, and it insures the permanency of the body as a conservative element in our legislation. I do not desire to consume the time of the Convention by protracted remarks, but I hope that those members who favor small districts so persistently will so far compromise their views in this respect as to meet the proposition in regard to large districts on middle ground.

Mr. HARRIS-I hope that this proposition will meet with favor. It secures, besides, the permanency of the Senate, which I consider a very important object this: it throws into the Senate every year an expression of the public sentiment, and allows all the voters of the State to vote for a Senator every year, and I think that is very desirable. I hope, therefore, that the proposition will be sustained.

Mr. SEYMOUR-I wish merely to say that from the first I have been an earnest advocate of the large district system;—

SEC. 2. The State shall be divided into eleven senate districts, and the Senate shall consist of thirty-three members, three to be elected from each senate district. The Legislature shall at Mr. M. I. TOWNSEND-I hope that the propits first session after the adoption of this Consti- osition will not be sustained. I hope that the tution divide the State into eleven senate dis- gentlemen in this Convention who are really in tricts, which districts shall respectively contain favor of the single district system will not vote for as near as may be an equal number of inhabit- it. I do not see any compromise features in it at ants, excluding aliens, and consist of contiguous all. territory. No county, unless it shall have population sufficient to entitle it to four or more members, shall be divided in the formation of a senate district. The entire Senate shall be chosen at the first general election held under this Constitution, and they shall at the commencement of the first session classify themselves by lot, in such manner that one Senator in each district shall go out of office at the end of the first year, another in each district go out of office at the end of the second year, and the third go out of office at the end of the third year. After the

Mr. KRUM-I rise to a point of order. Two gentlemen have spoken on each side.

A DELEGATE-You do not know on which side the gentleman [Mr. Seymour] is going to speak.

Mr. SEYMOUR-I am on the side of compromise, and am willing to meet those who have gone for small districts on the basis of this proposition, although I favored large ones.

Mr. M. I. TOWNSEND-I call the gentleman to | shall be entitled to elect three Senators. order, as two gentlemen have spoken on the side of compromise. [Laughter.]

The PRESIDENT-Four gentlemen have spoken, and the question is now on the adoption of the substitute offered by the gentleman from Ulster [Mr. Schoonmaker].

The ayes and noes were called for, and a sufficient number seconding the call, they were ordered.

The SECRETARY proceeded to call the roll on the substitute offered by Mr. Schoonmaker.

Mr. Hatch, Mr. McDonald and Mr. Gerry were excused from voting on the ground that they had paired as stated on the previous vote.

Each voter may, at his discretion, repeat twice or thrice on his ballot for Senator the name of a candidate, provided, that all the names borne thereon, including repetitions, shall not exceed three; and each ballot shall be counted two or three votes, as the case may be, for any candidate whose name may be thus repeated. The Senators thus chosen shall hold their office for years; and any vacancy meantime occurring shall be filled by election as heretofore. On the expiration of the terms of Senators, their places shall be filled as above."

I desire simply to correct one or two misapprehensions which the debate has shown to exist. The call of the roll being completed, and the In this amendment, it is proposed to have fifteen substitute of Mr. Schoonmaker was lost by the senate districts, each containing 55,000 electors. following vote, viz.: Now, if in any district the minority party, or any Ayes-Messrs. C. L. Allen, Alvord, Andrews, | minority, shall number so many as 14,000 electors Barker, Bell, Bowen, E. Brooks, W. C. Brown, -over one-quarter of the whole number-th t Case, Champlain, Chesebro, Church, Cooke, Daly, minority can surely elect one Senator, by nomiDuganne, C. C. Dwight. T. W. Dwight, Evarts,nating a single candidate, and printing his name Field, Folger, Francis, Frank, Greeley, Harris, Hutchins, Kernan, Ludington, Merritt, Merwin, Paige, President, Rathbun, Schoonmaker, Schumaker, Seaver, Smithi, Van Cott-37.

thrice on each ballot, which would give the candidate 42,000 votes; and it is not possible that the larger party, having but 41,000 voters in all, can, by any permutation or management, prevent Noes-Messrs. A. F. Allen, Archer, Axtell, the minority from choosing one Senator. Now, Baker, Ballard, Barnard, Beadle, Bergen, Bick-this State cannot be so divided that there will be ford, E. P. Brooks, E. A. Brown, Burrill, Carpen- more than one district in which the minority will ter, Corbett, Corning, Eddy, Endress, Flagler, not be equal to 14,000 out of the 55,000 voters. Fowler, Fuller, Fullerton, Garvin, Gould, Grant, Fairly divided, there will not be one single disGraves, Gross, Hadley, Hammond, Hand, Harden-trict in which the minority cannot clect one Senburgh, Hitchcock, Hitchman, Horston, Jarvis, ator. One gentleman has said that two factions Ketcham, Kinney, Krum, 'Landon, Larremore, of one party might conspire with each other; A. Lawrence, A. R. Lawrence, M. H. Lawrence, Lee, Livingston, Lowrey, Masten, Mattice, Monell, More, Morris, Opdyke, A. J. Parker, C. E. Parker, Prindle, Prosser, Reynolds, Robertson. Rogers, Rolfe, Roy, Rumsey, A. D. Russell, L. W. Russell, Schell, Spencer, Stratton, Tappen, M. I. Townsend, S. Townsend, Van Campen, Wakeman, Wales, Wickham, Williams-75.

that they might divide, and subdivide, and contrive by management to elect all three Senators; but no, they cannot possibly prevent the minority from electing one Senator. Again, a gentleman on the floor said that no party would confess itself in the minority. No party need do so; where the disparity is notorious, palpable, it will do so; but in every other district each party will nomiMr. FIELD-I offer the following substitute: nate two candidates, and try to elect both; and "The State shall be divided into sixteen senate the party which is the stronger will elect the two, districts, and each district shall elect a Senator and the weaker party will elect one. It is just each year for the term of two years; the districts as good for persons outside of any party. Here bearing even numbers electing in the years being are independent voters choosing to elect some even numbers, and the other districts in the alter-able and eloquent man, who stands outside of nate years."

Mr. BOWEN-Is an amendment now in order?
The PRESIDENT—It is.

Mr. BOWEN-Then I move to amend the substitute of the gentleman from Orleans [Mr. Field] by extending the term to four years, and having an election in alternate years.

The question was put on the amendment of Mr. Bowen, and it was declared lost.

The question then recurred on the amendment offered by Mr. Field, and it was declared lost.

Mr. GREELEY I move as a substitute the first section of my amendment, to be found in document 49.

any party organization. If they exceed onequarter of the voters of the district, they can elect that man, by cumulating his name on their ballots. This is a plan to allow a minority to have a representative-to allow the whole people to be represented. You now have 400,000 electors out of 700,000 represented in the Legislature. I propose that the whole 700,000 shall be represented, the minority as well as the majority. I hope the Convention will allow the ayes and noes to be taken on this proposition.

Mr. A. J. PARKER-I am not one of those who subscribe to the doctrine that the majority are of right to govern, and that that is a republiThe SECRETARY proceeded to read the sub-can doctrine of itself. Majorities do govern under stitute offered by Mr. Greeley, as follows:

our present system from the necessity of the case. "SEC. 2. The Legislature for 1868 shall divide The minority cannot be represented in our present the State into fifteen senate districts, whereof mode of choosing representatives. But the true each shall contain, as nearly as may be, with due democratic doctrine undoubtedly is that which regard to the integrity of counties, an equal num- will give all a participation in the government. If ber of legal voters, and whereof each district a mau cannot personally participate, as in a simple