A. D. Russell, Schoonmaker, Seymour, Sherman, | prevail. I listened, with a great deal of attention, Van Cott-38.

Lee, Livingston, Lowrey Ludington, McDonald, members ordinarily have; and my experience is Merritt. Merwin, Monell, Morris, President, Prin- that the increased expense to the Speaker, in an dle, Prosser, Rathbun, Reynolds, Robertson, ordinary session of the Legislature, amounts to Rogers, Roy, Rumsey, A. D. Russell, Schell, about two hundred and fifty dollars above the Schoonmaker, Schumaker, Sherman, Spencer, expenses of other members. Stratton, Strong, Van Campen, Van Cott, Wakeman, Wales, Wickham, Williams-86.

Noes-Messrs. Axtell, Conger, Corning, Greeley, Hammond, M. H. Lawrence, Masten, A. J. Parker, L. W. Russell, Seymour, Smith, S. Townsend-12.

The PRESIDENT then announced the question on the amendment of Mr. Schoonmaker, which the Secretary read as follows:

Add to the section:

No member of either branch of the Legislature shall either directly or indirectly demand or receive from any source any other or additional compensation of any character or description than that above provided, for any services rendered by him in relation to any matter before the Legislature, or any of the committees thereof, during the time for which he was elected; and any member who shall either directly or indirectly demand or receive any such other or additional compensation, his seat shall be declared vacant and he shall be deemed guilty of bribery and corruption and punishable therefor.

Mr. VAN CAMPEN-I desire to say that what the gentleman seeks is provided for in the article on suffrage, in the amendment of the gentleman from New York [Mr. Burrill].

Mr. SCHOONMAKER-I call for the ayes and noes on the amendment.

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

The question was then put on the amendment of Mr. Schoonmaker, and it was declared lost. Mr. CONGER-I offer the following amendment:

Strike out after the word "services," and insert "a sum not exceeding six dollars a day from the commencement of the session, but such pay shall not exceed six hundred dollars in the aggregate, except in proceedings for impeachment."

Mr. WEED-As I understand it, the Speaker of the Assembly has other duties to perform. He is a member of several boards.

Mr. ALVORD-He is paid for those extra services by a per diem allowance, and has been ever since the Constitution of 1846 was adopted.

Mr. WEED-But if I recollect right, this very next sentence prohibits any such payment for extra services, This extra five hundred dollars is in lieu of all such fees.

Mr. ALVORD-Then two hundred and fifty dollars is not enough.

Mr. BARKER-I hope that the extra sum which has been suggested as the compensation of the Speaker will not be diminished. If he is entitled to any sum it certainly ought to be five hundred dollars. Every gentleman who is acquainted with public life knows that the presiding officer has mauy hospitalities to extend, and they certainly increase his expenses. The gentleman from Onondaga [Mr. Alvord] must have been very sparing in his entertainments as Speaker if it did not cost him more than two hundred and fifty dollars extra. Then the Speaker has other duties to perform, and should receive additional compensation for them. I hope that hereafter the supply bill will not present these items for extra pay for Speakers, Lieutenant-Governors, and other officers.

Mr. BERGEN-I move the previous question. The question was put on ordering the previous question, and it was declared carried,

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

The question was then announced on the amendment offered by Mr. Conger.

The ayes and noes were called for, but not a sufficient number seconding the call, they were not ordered.

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

The question then recurred on section 5 as amended, and it was declared adopted.

Mr. BICKFORD-I move a reconsideration of the vote by which the amendment of the gentleman from St. Lawrence [Mr. L. W. Russell] was stricken out.

Objection being made, the motion was laid over under the rule.

The SECRETARY then proceeded to read the sixth section, as reported by the Committee of the Whole, as follows:

Mr. ALVORD-I am entirely opposed to the amendment offered by the gentleman from Rockland [Mr. Conger], because it is going back to a systein which has been shown to be very injurious in the past. It is absolutely in effect restricting the term of the Legislature to one hundred days. I prefer to give members a fixed sum and leave the question of the duration of the session to the convenience and judgment of the Legislature. But, sir, in regard to the other matter proposed-that is, the additional pay of the Speaker-I desire to offer as an amendment, to SEC. 6. No member of the Legislature shall be apinsert "one-quarter" in place of "one-half"-that pointed to any civil office within this State by the is, two hundred and fifty dollars instead of five hun- Governor, the Governor and Senate, or by the dred dollars in excess of the pay of members; Legislature during the time for which he shall and I desire to say a very few words on that have been elected, and all such appointments and point. The Speaker should not by any means be all votes given for any such member therefor shall permitted to have anything more in the way of be void. Nor shall any person being a member compensation than other members. He is the of Congress or holding any judicial or military peer of members-nothing more and nothing less; office under the United States hold a seat in the but the position which he occupies, as a matter Legislature. If any person shall, after his elec of necessity, makes it requisite that he should tion as a member of the Legislature, be elected have more expensive apartments than other to Congress or appointed to any office, civil or

military, under the government of the United, that provision. States, his acceptance thereof shall vacate his Talmadge.

seat.

That was the case of Mr.

A DELEGATE-That was before 1846.
Mr. FOLGER But it was under a similar
provision in the Constitution of 1821.

Mr. RATHBUN-The question was then raised
in the Senate as to the validity of his election;
but the Senate declared his right to hold his seat,

Mr. A. J. PARKER--I wish to offer an amend. ment to this section. I propose to strike out all down to and including the word "void," in line five, and insert in lieu thereof the language of our present Constitution, as follows: "No member of the Legislalure shall be ap-on the ground that under the Constitution of the pointed to any civil office within this State, or to the Senate of the United States, by the Governor, the Governor and Senate, or from the Legislature, during the time for which he shall have been elected, and all such appointments and all votes given for every such member for any such office or appointment shall be void."

United States he was qualified for the position
for which he was elected. The general judgment
of the Legislature last year was that the pro-
vision was wholly inoperative, and of no effect.
That being so, is it worth while to insert in the
Constitution a provision, to be disregarded when
the question of the election of a United States
Senator shall come up? It seems to me that we
had better omit it.

Mr. MASTEN- I hope the amendment of the
gentleman from Albany [Mr. A. J. Parker] will
not prevail. I suppose that the qualifications of a
Senator of the United States are to be determined
by the Constitution of the United States, and
that only those qualifications which are prescribed
by the Constitution of the United States are neces-
sary, and that if this provision was inserted in our
Constitution, it would be a nullity. I am opposed
to having any provision incorporated in our Con-
stitution, that will conflict with the Constitution
of the United States.

The change that is proposed by the committee would leave the members of the Legislature eligible to the Senate of the United States. It has been prohibited heretofore expressly, under the present Constitution, and so it was supposed to be under the previous Constitution. I prefer, for one, that it should be retained. It is true it has been said that if the Legislature should elect one of its members to the United States Senate, the United States Senate could not deprive him of his seat; but that is not the question. Such an election would nevertheless be unconstitutional. It would be in violation of our State Constitution. No member of the Legislature can vote for any member of the Legislature for Senator without Mr. MERRITT — I desire to say that no harm violating his oath, in which he has sworn to sup- can come from leaving out of the Constitution the port the Constitution of the State. I believe that existing provision in reference to the election of it is a salutary restriction. It sometimes hap- United States Senators. The election must take pens-and it has happened, doubtless, to many of place on the second Tuesday after the annual us-that we would prefer some member of the meeting of the Legislature, and no bad results Legislature for the Senate. But I believe that, could possibly follow. The fact that a member of unless this restriction is retained, the Legislature the Legislature was a candidate for office would will always be able to control the matter to that have but very little weight at the commencement extent, that no one except one of its members can of a session, and of course he would vacate his be elected to the United States Senate. To repeal position immediately upon being elected to that this restriction would introduce into the Legisla-office. ture intrigues, log-rolling and fraud. The temptation to purchase an election by such means would be great and dangerous, and I hope we shall retain the clause in the Constitution as it has existed for the last twenty years.

Mr. BARKER-I desire to say one word on this subject. A member of the Legislature is the only person disqualified, by any positive provision in our Constitution, from being eligible to the office of United States Senator. It is true that Mr. MERRITT -It has been held that the the Constitution of the United States provides qualifications of a Senator of the United States the qualifications which must be observed; and are prescribed by the Constitution of the United one of the reasons of the committee recommendStates, and, as I remarked a few days ago, when ing this provision to be stricken out was this, the subject was up for consideration in Committee that the Senate of the United States, being the of the Whole, there is a difference of opinion as judge of the qualifications of its own members, to the validity of such a provision in the Consti- would disregard the qualifications which are tution. The fact is well known that, at the elec- exacted by a State Constitution. Yet, if, in tion of a Senator of the United States by the last times of high political excitement, they were to Legislature, the democratic party voted unitedly exclude a member, they might then fall back for a member of the State Senate: and they held upon the provision of a State Constitution, and that they could legally and properly do so. We say that the Legislature of a State had not thought best, therefore, to omit this from the observed this qualification, prescribed by article, and to leave the question entirely open. the Constitution of the State, and thereby No great harm could come of it.

exclude a person elected by the Legisla-
ture. We wish to have it rest wholly on the
rule prescribed by the Constitution of the United
States, and then it will be uniform in all the
States.

Mr. RATHBUN-This provision now offered by way of amendment has been in the Constitution of the State since 1846. Every delegate on this floor, I presume, will remember that a member of the Legislature was elected a United States Senator, while a member of the Legislature, while question. serving in the Stato Senate, notwithstanding | The question was put on the motion of Mr. Van

Mr. VAN CAMPEN-I move the previous

Campen for the previous question, and it was declared carried on a division by a vote of 39 to 28. Mr. HUTCHINS-There was no quorum voted. The PRESIDENT There being no quorum voting, the question will again be put on ordering the previous question.

The question was again put, on ordering the previous question, and it was again declared carried by a vote of 48 to 35.

The question was then announced on the amendment offered by Mr. A. J. Parker.

The ayes and noes were called, but not a sufficient number seconding the call, they were not ordered.

would urge in favor of this change are briefly these: The month of December is one of the dullest in the year to the larger proportion of those who compose the Assembly. It is so with the merchant, the manufacturer, the mechanic and the farmer, and we all know that these classes are always largely represented at least in the lower house of the Legislature. The Legislature now convenes on the first Tuesday of January, and it is proposed to continue that arrangement. The experience of the past shows us that from three to four months is always consumed each year by the legislative session. I fully believe that this period is necessary to secure safe and proper legislation for the State. The difficulty with the Legislature meeting on the first of January is, that as spring approaches, the merchants, manufacturers, mechanics, and farmers of the body become restless and anxious to return to their homes. This is especially true with the farmer. When the first of April arrives it becomes absolutely necessary that all such should go home. Go they must, let the consequences be what they may. Their business demands it, and then begins hasty and ill-advised legislation. Through the process of grinding committees hundreds of bills under the rules. are passed which are never read, and the contents The SECRETARY proceeded to read section of which are unknown to very many of the mem7, as reported by the Committee of the Whole,bers. I believe this evil may be very much coras follows:

The question was put on the amendment of Mr. A. J. Parker, and it was declared lost.

The question was then put on the sixth section, as reported by the Committee of the Whole, and it was declared adopted.

Mr. FULLERTON-I move a reconsideration of the vote by which section 5 was adopted. Objection being made, the motion was laid over under the rules.

Mr. A. J. PARKER-I wish to move a reconsideration of the last vote taken.

Objection being made, the motion laid over

SEC. 7. The elections of Senators and members of Assembly under this Constitution shall be held on the Tuesday succeeding the first Monday in November, unless otherwise directed by law. The first election to be in the year one thousand eight hundred and sixty-eight. The legislative term shall begin on the first day of January, and the Legislature shall every year assemble on the first Tuesday in January, unless a different day be appointed by law. The Senators and members of Assembly who may be in office on the first day of January, one thousand eight hundred and sixty-eight, shall hold their offices until and including the thirty-first day of December of that year, and no longer.

Mr. FULLERTON-I offer the following amend ment:

Strike out the word "January" wherever it occurs, and in lieu thereof insert the word "December," and strike out the word "thirty" in line eleven.

We have already agreed, Mr. Chairman, on some provisions which we all hope will aid in promoting one great end we have in view, and that is to prevent corrupt legislation. I believe we may go still further and do something to diminish hasty and ill-advised legislation. The amendment proposed by me looks to this result. When we shall have concluded our labors, I trust we will have agreed upon a provision that will limit the power of the Legislature to legislate on matters purely local in their character. Also, that we will agree that members of the Legislature shall be paid a compensation that will in some degree remove the temptation to accept bribes. And I trust we will have agreed that the legislative year should commence on the 1st of December, and that the Legislature should convene on the first Tuesday of that month. The reasons I

rected by having the legislative year commence at such a time that the four comparatively dull ard idie months of December, January, February and March could be devoted, if required, to the business of legislation. I cannot conceive of a single argument that can be made against this amendment that cannot be met and refuted.

Mr. FOLGER-I understood the amendment of the gentleman from Orange [Mr. Fullerton] to be to strike out the word "January" wherever it occurs, and to insert "December" in place of it. But, "January" stricken out of the ninth line and "December" inserted, would leave a double Legislature for one part of the year. I think the amendment proposed by the gentleman from Orange, ought to be corrected in that respect.

Mr. FULLERTON-I accept the amendment. Mr. FOLGER-Then, to make the amendment plain, the word "thirty-one" should be stricken out in the eleventh line, and the word "December" in the ninth line, and the words "thirtieth of November" inserted in their place.

Mr. GREELEY-I beg the Convention to remember that this will bring the whole flood of Federal and State documents at once before the people and choke up the newspapers, so much so, that we cannot do anything at all. [Laughter.]

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

The SECRETARY proceeded to read the eighth section, reported by the Committee of the Whole, as follows:

SEC. 8. A majority of each House shall constitute a quorum to do business. Each House shall determine the rules of its own proceedings, and be the judge of the election returns and qualifications of its own members; shall choose its own officers; and the Senate shall choose a temporary resident when the Lieutenant-Governor

shall not attend as president, or shall act as Governor.

Mr. PRINDLE-I offer the following amendment:

Mr. C. C. DWIGHT—I would suggest that the
gentleman add the words "for the same offense."
Mr. RUMSEY-I accept that suggestion.
Mr. C. C. DWIGHT- It seems to me neces-

Add to the end of section eight the followingsary to attain the object desired to provide further "The Secretary of State shall call the Assembly that a member shall not be expelled except for that to order at the opening of each new Assembly, session. Surely, if a man is expelled at one sesand preside over it until a presiding officer there- sion of the Legislature, if he goes back again the of shall have been elected and shall have taken next session, he should not be expelled again for his seat." the same offense.

(

Mr. SEAVER-Is an amendment in order.
The PRESIDENT-The Chair is of opinion that

it is.

Mr. SEAVER-It is only a word to make the vote on expulsion to be by a majority of all the members elected or by two-thirds of those present and voting.

I desire very briefly to explain why I offer this Mr. GARVIN-He may be turned out by reason amendment. It is customary now for the clerk of some prejudice and his constituency again of the previous Assembly to preside over the As- return him. The object of this is to provide sembly until a Speaker is elected. But the clerk against expulsion a second time. He may sub. has no sort of authority to preside, and it is mit the question of his expulsion to his conmerely by courtesy that he is allowed to do stituency, and if they override the action of So. It will be recollected that in 1863 a the Legislature and return him, although he great deal of difficulty was experienced in has been expelled, the Legislature shall not the election of a Speaker by the Assembly. turn around and expel him again for the same Some twenty days, or twenty-seven days, as offense. I am informed, were thus occupied, and certainly ten days were occupied after the majority of the members of Assembly desired to proceed to vote, because certain members of the Legislature refused to bey the decision of the clerk, and refused to allow a call of the roll. The ten days were spent in futile attempts to call the Loll. Subsequently, during that session, a bill was introduced providing for this difficulty, but the objection was made that it was unconstitutional, because of this section, "that the members of the Assembly are to choose their own officers," and the bill was consequently abandoned, because it was believed to be unconstitutional. Now, it seems to me it would mely this difficulty by providing that the Scretary of State shall call the Assembly to der and preside until a Speaker is elected. By the law under which we are assembled the Secretary of State called this Convention to order, and presided until a president was elected; and the same plan could be adopted with profit, I think, in the case of the Assen.bly.

The question was put on the amendment of Mr. Prindle, and it was declared adopted.

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

The question then recurred on the amendment of Mr. Rumsey and it was declared adopted.

Mr. GREELEY-I move the previous ques

tion.

The question was put on the motion for the previous question, and it was declared carried. The question then recurred on the eighth section as amended and it was declared adopted.

The SECRETARY proceeded to read the ninth section reported by the Committee of the Whole as follows:

SEC. 9. Each house shall keep a journal of its proceedings and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without consent of the other, adjourn for moro than two days.

Mr. FOLGER-I offer the following amendmeut. In line 5, after the words "temporary president." insert "to preside." Under the section as it now stands there may be difficulty. A Mr. BARKER-I suggest that there be added strict construction would seem to require that the at the close of this section the following words: Senate could only choose a temporary president" Nor finally adjourn without the consent of the when the Lieutenaut-Governor was away. The Governor.” practice has been to choose a temporary president early in the session of the Senate, who presides when the Lieutenant-Governor is away.

SEVERAL DELEGATES - No, no.

Mr. BARKER--The object of the amendment is this: There is a great probability that this Convention will enact a constitutional provision against the Governor exercising the veto power after the

The question was put on the amendment of Mr. Folger, and it was declared adopted. Mr. RUMSEY-I offer the following amend-adjournment of the Legislature. Hence the Legis

lature should not adjourn while a bill is before the Governor, receiving his consideration. night, perhaps, be well to limit it to ten days after they had signified their readiness to adjourn. The question was put on the amendment of Mr. Barker, and it was declared lost.

Mr. KETCHAM-I move to strike out the word "two" in the last line, and insert "three" in its place.

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