Imagens das páginas

Mr. GREELEY -I move the previous ques Which was referred to the Committee on Capa: tion.

and ordered to be printed. The question was put on the motion of Mr. Mr. ALVORD -- I give notice that I will inov Greeley io order the previous question, and it was to reconsider the vote ordering the expunging fror declared carried.

the Journal of the proceedings of this Conven The question then recurred on section nine, astion, so much as relates to the question on the cal reported by the Committee of the whole, and it of the Convention at the eveuing session of was declared adopted.

Monday. The PRESIDENT- The article, as adopted, Which was laid on the table. will be referred to the Select Committee on Re. Mr. MASTEN offered the following resolution vision.

Resolved, That the sergeant-at-arms deposit ir Mr. BALLARD—I move that we now adjourn. the box of each member in the post-office of this

The question was put on the notion of Mr. Convention four copies of all documents and Ballard, and it was declared carried.

Reports printed by this Convention. So the Couvention adjourued.

Mr. MASTEN — The object of this resolution,

Mr. Presirient, is to furnishi each of us with a few FRIDAY, August 9, 1867. extra copies. It is necessary that we should

have for our own individual use more than another The Convention met at 10 o'clock A. M. copy besides the one that is placed 11pou our files. Prayer was offered by Rev. G. C. WELLS. These reports require an examination, aud each The Journal o! yesterday was read by the member should have a copy that he may take with SECRETARY and approved.

him to his room and examine, and each member, Mr. STRONG-I understand I am recorded on it seems to me, should also he furnished with at the Journal of yesterday as having voted in favor least one or two additional copies, that he may of striking out the provision requiring members send them to the leading paper in his own district. of the Legislature to take an oath before they Mr. FOLGER – I rise to move that this resoreceive their pay, whether or not they had re. lution be referred to the Committee on Printing. ceived any money for bribery. I must have mis Mr. SHERMAN — I do not see any objection apprehended the nature of the motion before the to the adoption of this resolution, provided the Convention, as I was decidedly in favor of the number is made three instead of four. This does original proposition. I wish some memorandum pot provide for printing any additional number; may be made of it, so that I will stand corrected it simply provides for a division of those on on the Journal of the Convention.

hand equitably among the members. The PRESIDENT—The Journal will be cor Mr. CONGER – Why does the gentleman obrected as requested.

ject to four copies ? Four times 160 only makes Mr. STRATTON presented the petition of 640. eighty citizens of New York in relation to the Mr. SHERMAN — Simply because it will not traffic in wines and liquors.

leave a suficient number to put on the files and Which was referred to the Committee on Adul. to bind, as provided for by the rule. terated Liquors.

Mr. FOLGER – My reason for moving the Mr. STRATTON also presented six several reference of this resolution to the Committee on petitions from the following societies :

Printing was that the number of four could not Herman Society. eighty-five members: Arion be supplied out of 800, which is the usual Society, four hundred and twenty members; Eu number, after making the division provided for phonia Society, ninety-five members; New York by law. Perhaps the Committee on Priuting, Carvers' Association, three hundred and ten however, will devise some plan. members; Washington Rifles, sixty members; Mr. MASTEN- I will accept the amendment New York Merchants, one hundred and twenty of the gentleman from Oneida (Mr. Sherman). two members, on the same subject.

Mr. FOLGER -- I wish to inquire of the gen. Which took the same reference.

tleman from Oneida (Mr. Sherman] whether we Mr. DALY presented the petition of John M. can have three copies. As I understand it, eight Stearns on the same subject.

hundred is the usual number. Three hundred Wuich took the same reference.

and twenty-one must be bound, which leaves but Mr. COCHRAN presented the petition of F. J. four hundred and seventy-nine. There are Sheffield and seventeen others, citizens of the exhausted, by putting on the files of members, State, asking for a constitutional provision pro- officers and reporters, about two hundred; that hibiting the sale of intoxicating liquors.

leaves but two hundred and seventy nine. Now, Which was referred to the Committee on Adul. I do not see how you can get three times one terated Liquors.

hundred and sixty out of that, or even twice oue Mr. CONGER presented the petition of Martin hundred and sixty. Luther Bergen and ten others, citizens of Fishkill, The question was put on the motion of Mr. on the same subject.

Folger, and it was declared carried. Which took the same reference.

Mr. RUMSEY - I move to reconsider the vote Mr. FOLGER presented the petition of A. B. by which the biennial election of members of the Lawrence and others on the same subject. Legislature was rejected last night, and ask that Which took the same reference.

this motion do lie on the table. The PRESIDENT pres nied a communication The PRESIDENT — There being no objection, from the State Engineer and Surveyor, in answer that inotion will be entertained, and the motion to a resolution of the Convention.

to reconsider will lie on the table.

Mr. ANDREWS-I desire to ask leave of there would be a final entrance on the minutes, absence for Mr. Rathbun, until Tuesday morning. although he might be present and participate in There being no objection, leave was granted. all the important action of the Convention during

Mr. GREELEY offered the following resolu- the day, that he was absent thronghout the whole tion:

day. There is no such practice as this adopted The SECRETARY proceeded to read the reso- by any parliamentary body upon a call of the lution:

roll, to ascertain whether members are diligently Resolved, That the roll of the Convention be in their attendance, but they have permission to called each day, directly after the reading of the have their names entered as being present if abJournal and every member who shall appear to sent at the call of the roll; that privilege is de absent without leave, shall thereupon be fined always accorded to them. It is a matter of coursix dollars, to be deducted by the Comptroller in tesy as well as right, and the attempt to shut a paying his compensation.

man out from that right seems to me to be almost Mr. SPENCER-I offer the following amend- equal to the school-boy days of my honorable ment as a substitute:

friend from Onondaga [Mr. Alvord). Resołred, That a committee of five be appointed Mr. BOWEN-I simply wish to inquire to examine and report whether the Convention whether the gentleman proposing those resoluhave the power by any general rule or resolution, tions intend to exclude any other fine, penalty, to impose a forfriture of pay or other penalty as or other punishment? If it does. I fear it will be a punishment for non-attendance on the duties the cause of members vacating their seats here, of the Convention by any member thereof. aud' it appears to me that would be the effect of

Mr. GREELEY-I must protest against the the resolution. terms of this substitute. We do not propose to Mr. GREELEY - The resolution is perfectly impose anything on members. We simply say plain. It does not contemplate any more than that if they neglect their duties they shall not stated therein, and it has nothing to do with the by certificate of the officer of this Convention, berghi of the Convention, by other means to require paid for services they do not render. I will as- members to be present. It simply contemplates a sume that no member of this Convention desires little honesty on the part of the members of this to be so paid. I do not believe gentlemen whom Convention, and I trust it does not contemplate too I have seen going off to the Springs desire to much. be paid for the time which they feel required to Mr. SPENCER- The proposition of the gengive to their private business or their private tlemau from Ovondaga [Mr. Alvord) was a day or pleasure. I simply desire that the account of this two since voted down upon the suggestion that it Convention shall be honestly made up. I desire was the province of any member of the Convento be absent-I must be absent some, and I do tion to move for a call of the roll at any time. Dot desire to be paid, nor do I believe I ought to Mr. SCHOONMAKER — I move to lay the subbe paid for the time I devote to private business. ject on the table. I wish to be so absent without breaking up a The question was put on the motion of Mr. quorum, and I believe my resolution, if passed, Schooumaker, and it was declared curried. will give us a quorum. I think the substitute of Mr. SEAVER offered the following resolution : the gentleman from Steuben (Mr. Spencer) as Resolved, That all propositions for the alteration sumes facts that are not facts.

of the standing rules or the addition of new Mr. ALVORD-I am of the opinion that the rules, pending or hereafter to be offered, be gentleman from Westchester (Mr. Greeley] is referred to the standing Committee on Rules for wrong in his assumption that we can, by any their consideration before tinal action by the order given by this Convention, instruct the Convention, and that the committee be directed Comptroller to withhold any payment from any to properly incorporate in its place the provisions member of the Convention. I desire to offer the of the amendment to the twenty-ninth rule, refollowing amendment to this proposition, which lating to the previous question, adopted yesterseems to me is all that ought to be asked, and day. with which we should be content.

The question was put on the resolution of Mr. The SECRETARY proceeded to read the Seaver, and it was declared adopted. amendment, as follows:

Mr. VAN CAMPEN-I desire to ask leave of Ameud by striking out all after the word "Jour- absence for next week and until Monday evening mal," and inserting in lieu thereof the following: after. The Indians of my county and adjoining "and that the names of the absentees be spread thereto desire to have a council next week, and upon the Journal, and when absent with leave the are anxious to have me present two days at that Journal shall so state."

council. It will therefore require my absenoe all Mr. CONGER-I should have no objection to next week, and as I cannot get here without startthe proposition made by the gentleman from On-ing on Friday I desire to be excused until Monday Godaga (Mr. Alvord) with the further provision, night, August 19. which is undisputably just and necessary. That There being no objection, leave was granted. any member appearing in the Convention after Mr. KERNAN-I ask leave of absence during his name has been called may have his name en- Monday evening next. tored as being present. The operation of the There being no objection, leave was granted. rule proposed by the gentleman from Onondaga Mr. L. W. RUSSELL-I ask leave of absence (Mr. Alvord) would make a man, by the minutes for Monday evening and Tuesday next. of the Convention, absent when he came to his There being no objection, leave was granted. seat one-half second after the roll was called Mr. ARCHER-I ask leave of absence for Mr.

Ballard, of Cortland, until Tuesday morning. He years; a Lieutenant-Governor shall be chosen at was called away last evening by a telegram after the same time and for the same term. the session was closed.

Mr. C. L. ALLEN-As I had the honor of subThere being no objection leave was granted. mitting this report, perhaps it is incumbent upon

Mr. GROSS - I ask leave of absence for next me to state to the Convention, concisely as I can, week, on account of ill health.

some of the reasons which operated on the comThere being no objection, leave was granted. mittee in making the report it did. I am happy

Mr. STRATTON -I ask leave of absence for to be able to state that the committee, after maMr. Rogers until Wednesday next, on account of ture deliberation, were unanimous in the conclu. illness in his family.

sion to which they arrived, as stated in the reThere being no objection, leave was granted. port of the committee. It is as follows:

Mr. PRINDLE - I ask leave of absence for " They prefer to use langnage, as far as pracnext week.

ticable, which has been settled and approved by There being no objection, leave was granted. long and well-established usage and judicial con

Mr. HAMMOND - I ask leave of absence for struction, rather than to adopt a new aud unsetnext week, on account of illness in my family. tled plıraseology which would not be so well cal

There being no objection, leave was granted. culated to secure the continued existence of pro

Mr. LARREMORE - I ask leave of absence visions which they have unanimously approved." for Monday evening.

In the first place, as to the term of office of the There being no objection, leave was granted. Governor. We did not believe that any change

Mr. FLAGLER - I ask leave of absence for was demanded by the people in that particular. Monday evening and Tuesday next.

Suggestions were made to the committee to conThere being no obiection, leave was granted. sider the propriety of shortening the term of that

Mr. SEAVER- I do not know that I really officer to one year. The committee were not of shall want it, but fearing that I might, I ask leave that opinion. By the Constitution of 1777 the of absence until Wednesday next.

term of office of the Governor was fixed at three There being no objection, leave was granted. years. This continued, of course, down to 1821;

Mr, MASTEN -I ask leave of absence for when, after a spirited and learned debate in the Monday evening. I have a special term of court Convention of that year, in which such men as to hold.

James Hunt, Ambrose Spencer, Martin Van There being no objection, leave was granted. Buren, Abraham Van Ruyter, Erastus Root, Sam.

Mr. BOWEN -I ask leave of absence until uel Young, Elisha Williams, Peter W. Livingston, Tuesday morning.

and a host of other worthies of that day, particiThere being no objection, leave was granted. pated, it was altered and fixed at two years.

Mr. BERGEN - I ask leave of absence until Many of the delegates were in favor of the Tuesday morning.

shorter period of one year, and among them was There being no objection, leave was granted. the celebrated Erastus Root, who, for a long

Mr. HITCHMAN — I ask leave of absence un period of time, was a distinguished light among til Tuesday morning,

the able politicians of his day, and to liis aid camo There being no objection, leave was granted. Peter W. Livingston. On the ore hand it was

Mr. T. W. DWIGHT -I ask leave of absence urged that the Governor should be more immeuntil Tues lay morning.

diately under the control of the people, in order There being no objection, leave was granted. that they might be insured against the improper

Mr. FARNUM — I ask leave of absence until execution of the trust committed to him; and Tuesday next.

that if he executed the duties promptly and with There being no objection, leave was granted. ability, he wonld be re-elected. That if a bad

Mr. ALVORD — Would it be in order for me man succeeded him, he would be fastened on the to inquire whether we will have a quorum pres- community for a long period, and could not well ent on Monday evening, after granting the leaves be got rid of ; but if he was settled with oftener of absence ?

and made accountable to the people annually, he The PRESIDENT—The Secretary informs the would be more likely to discharge his duties with Chair that only twenty-three or twenty-four have fidelity. The check was in the virtue and moral. been granted so far.

ity of the people. A corrupt people would not Mr. SCHELL-I ask leave of absence until choose a virtuous Governor; nor a moral people Wednesday moruing. I have an engagement in a vicious one." On the other band it was urged by New York.

such men as Mr. Van Buren and his associates, There being no objection, leave was granted. that a one year term would cause too frequent

Mr. VAN COTT - I ask leave of absence excitement and agitation in the community; that for Tuesday and the morning session of in a territory so widely extended as New York, Wednesday.

bienvial elections would excite sufficient agiThere being no objection, leave was granted. tation without too many additions to rouse

The Convention resolved itself into Committee the feeling which would unavoidably preof the Whole on the report of the Committee on vail; that one year would not enable the Governor and Lieutenant-Governor, etc., Mr. Governor to carry out any plans of great public KERNAN, of Oneida, in the chair.

benefit; that no man of ability would willingir The SECRETARY procreded to read the first put himself in a position which would be liabie section, as follows:

to be so shortly disposed of. It was said, that it Section 1. The executive power shall be vested was necessary that the Governor's power should in a Governor, who shall hold his office for two lexist long enough to survive that temporary

excitement which a measure of great public Because you deem experience to be of the greatest importance must occasion, and also to enable the importance. In short, every reason points to an people to detect the fallacy under which the acts increase, instead of a lessening of the term. of the government might be veiled, as to their Were it not for the belief that a chanye is not real motives. It was asked, "Can a fair judg. demanded, and is perhaps not expected the comment of the motives, or of the effect of measures, mittee would have deemed it advisable to have be made in a few months or a year ?" Surely extended the term to three or four years, as most not, and a term of three years would even be conducive to the best interests and welfare of the sometimes necessary, to enable the people fairly State. As to the Lieutenant-Governor, it was to judge of the effect of many measures. But it suggested to us by a few meinbers of the Conwas argued that extremes must not be resorted vention. to consider the propriety of abolishing to, and jealousies would be aroused on the part that office, aud devolving its duties upon the of the people, by weakening the responsi. President of the Senate. A few of the States bility to them of their public officers. have such a provision in their constitution, but These and various other reasons, not neces. they are mostly of the smaller States in poiut of sary to detail

, operated upon the minds of territory and population. In most of the States the framers of the Constitution of 1821, and they that officer is retained. With us it was thought adopied the term of two years. This was again advisable not to make an alteration in that parcontirn.ed by the action of the Convention of 1846, vicular. The Goveroor is elected by the whole and has thus continued to the present time. After people, and represents and takes care of the interdue reflection, the committee have concluded not-sts of the whole State; so should the Lieutenantto rec: maiend an extension of the term in the Governor, who, in case of the resignation or death proposed new Constitution. If they had deemed jof the Governor, is to fill his place and discharge it advisable they certainly would have recom- his duties. The President of the Senate is a Senmended an increase, instead of a decrease, in the ator elected by a district, and represents the imterm of office. Our State has vastly increased in mediate interests of his own constituency, who point of consequence, wealth and resources since would be deprived of their representative for the the dais of the Constitutions referred to. With time being, when he acted as Lieutenant-Gova popu'ation of 4,000,000, aud rapidly increasing, ernor. In such capacity he would not be a State its wants and interests need the most careful ex. officer elected by the whole people, and not a ercise i nd vigilance of executive power and is proper representative of their interests. It is fluence. The single clause that the Governor true, in case of the occurrence of the unusual and must t. ke care that the laws are faithfully exe improbable contingency of a vacancy occasioned cuted, is of itself of the utmost importance. In by the death or disability of both Governor and order to discharge this duty correctly, the incum- Lieutenant-Governor, he would then act as Gov. bent must be well acquainted with the laws oferpor; but this would only ariso under the absothe State and the various and almost innumerable Inte necessity of such a peculiar case, which has statutes bearing upon his duties. He is to com. never yet, I believe, occurred. So much for the munica'e to the Legislature at every session the first section. The second section, which is also conditi.n of the State, and recoiomend such mea copied from the Constitution of 1846, I pass ove: sures as he shall deem expedient. In the report as needing to comment. It has, I believe, of the committee they say: “He shall communi. met with universal approbation, and needs cate by message to the Legislature at every ses. no observation. So likewise with the third siou tbt condition of the State, and recommend section; it needs no comment or explanation. such measures to them as he shall judge expe- The fourth section is like the present Constitution, dient. He shall transact all necessary business with but few amendments, and I will ask the with the officers of Government, civil and mili. attention of the committee for a short time tary. He shall expedite all such measures as may to it. We recommend that the compensation of be resolved upon by the Legislature, and shall the Governor be first tixed by the Legislature at take care that the laws are faithfully executed." its first session after the adoption of the proposed He is to correspond with the general government Constitution. The reasons for this provision, I and the government of the several States. He believe, are sufficiently stated in the brief preface must be well acquainted with our criminal code. which the committee liave appended to their His duties, in short, are pumerous and compli-report

. They have said there as follows: "While cated, requiring the utmost sagacity, care and your committee are fully of the opinion that the vigilance. Meu competent for this station are not present compensation is far less than the Chief to be found in every place, and when selected Magistrate of the Empire State slıould be entitled they would not be likely to accept the office if to receive, they believe it not wise or expedient limited to a single year, and hardly for two years, to name or determine its amount in the Constituand the office might be brought into disrepute if tion, but have proposed that it be first fixed by the the term was too short. Again, time for the Legislature at its first sessiou after the adoption calming down of excitement and prejudice would of this Coustitution, in order that it may not be afford the people an opportuuity of judging dis. subject to the caprices and temptations of legislapossionately. Experience, too, is of the greatest tive enactment after the election of the successful importance in discharging with ability and success candidate or during his continuance in office." No the drties of the office. You elect your Senators one will be likely under these circumstances to for two years, and by the motion adopted yester. seek the office iu reference to the sulary, nor can day for four years. You elect your judges for a any individual be corruptly or designedly apperiod of eight years and four years, and why? 'proached by reason of its proposed increase, in

order to obtain the sanction of the Executive in doubtedly favor us with a report doing ample favor of any improper or odious measures,justice to that subject. The sixth section, which for a reward to be given by an increased is the fifth in our report, relates to impeachment, salary. The committee did not deem it and describes the powers and duties of the Govexpedient to name or determine the amount of ernor and Lieutenant-Governor. We come now the salary in this section, as the currency, particu-to the section fixing the compensation of the larly at the present period, is so constantly and Lieutenant - Governor. This we have recomgreatly fluctuating. It would, in many respects, mended should be determined in the same manhave been unwise to do so. We were finally of ner as that of the Governor, and we have added opinion that it was most advisable to leave the the clause, that he shall be entitled to receive no sum to the wisdom and discretion of the Legisla- other or further feos or compensation. Under ture. We have ventured the remark, however, the present law he receives as Lieutenant-Govthat the present compensation is far less than the ervor six dollars per day and mileage, while actChief Magistrate of the Empire State should be ing in that capacity. He is, however, by virtue entitled to receive, in the hope and belief that it of his office, would carry with it the weight of the Conven 1. A commissioner of the canal fund. tion and perhaps exert a favorable influence on 2. A member of the canal board. the future deliberations of that body on this im 3. A commissioner of the land office, and cusportant subject. It is well known, indeed univer- todian of the old State hall. sally conceded, that the present salary does not 4. Trustee of the State capitol. approach to a payment of the expenses of the 5. Trustee of the new State hall. Executive. It is not honorable to the great For all the services which he performs in these State of New York, nor, it is believed, gratifying several departments, it has been deemed that he to the pride of her people, that her Governor shall is entitled to receive a per diem allowance and be obliged to defray, in a great measure, his own traveling fees, and it has been the practice for him expenses. No one but å wealthy citizen can to charge and receive these several allowances. afford to assume the high and responsible daties Under these circumstances, it has been one of the of her chief magistracy; and it is not commenda- best paying offices in the State, and has amounted ble to our public reputation or standing that this to a sum far exceeding the compensation of the current and standing reproach should be con. Governor, without incurring the great expenses tinued and constantly thrown upon us--that we necessarily charged upon that officer. In the do not support our Goverror. In the war case of one incumbent of that office, the records of 1812, while our State was under the di- show that he received a compensation not far rection of Daniel D. Tompkins as Governor, short, if not exceeding $10,000, in a single year, it is well known that he expended a fortune and yet it was deemed advisable to pay the in defraying the expenses of his office. I recur to charges, inasmuch as he was constructively ena more recent instance, of the late lamented titled to them. This, it is believed, was never the Silas Wright; who was obliged to trench upon intention of the Legislature, and yet as the per his own purse -- not very well filled, unfor- diem as Lieutenant-Governor was only placed at tunately for him and his family--in supporting six dollars per day, it was perhaps thought that that dignity of station and respectability of office he would receive something in addition to that which I believe he ever sustained. I am proud, sum, as payment for the discharge of his duties in as a citizen of this State, lo recur to the manner other relations to the government. This should in which the dignity of that office was sustained not be—a fair, full and ample compensation by him. We should make all due haste to remedy should be fixed by law, beyond which he should the evil and right the wrong. Our population is not be remunerated, nor should he be left to the more than the whole number of the United States calculation of constructive mileage and per diem at the organization of the general government. allowance, in so many different phases. It is The Presideut at the time was entitled to $25,000. hoped that the Convention, and the people There are many presidents of corporatious, where through it, will correct the evil. I have now their duties are small and not at all as onerous as reached the last section of the article which we the duties of the Executive of our State, and in- propose, and that in many respects is perhaps the stunces are not rare where they receive salaries most important one of any that we have proposed of ten and tifteen thousand dollars a year, to amend. It is that in relation to the veto while our own Executive, burdened with services power. It may have been supposed that this the great duty of sustaining himself as Gov. branch belonged to another committee, who are ernor of the great State of New York, is to define specifically the powers and duties of left with a pittance which is almost nameless. the Legislature. We, however, concluded that it But enough on this subject. I have put forth was a part of the duty assigned to us, and we these remarks, not, perhaps, as exactly applica- were strengthened moreover in that conviction ble, except so far as to express the sense of the when we were presented with two different resoConvention, and to express their belief that the lutions on this subject, referred to our committee Legislature will take ample care of a matter so for consideration, and on which we were inimportant. The fifth section of the present Constructed to report. As we remark in our report, stitution relates to the pardoning power, which this amnendment your committee believe that has been referred to another committee, and they caunot recommend too strongly to the favor though somewhat connected with the matters re of the Convention. It is unnecessary to enter ferred to us, we have not thought it advisable to into details of the reasons for its expediency or treat of it in our report. That committee will un-I propriety. They will readily commend them.

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