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millions upon them to repair their dilapidated Jon all property passing from or through such locks and structures? Is it just to attempt to lateral canal

, except so far as any of said laterals fasten upon my constituents, upon the people of or parts thereof may be necessary as feeders of this State, for all time, what amounts, when strip water to the canals named in the seventh secped of special pleadings, to an annual tax for the tion of this article." benefit of the persons who live upon the line of Adopt this section, and you make it the interthese laterals ? Is it just to compel us to pay a est of the people of those localities to foster their portion of the cost of transportation to market of canals, to watch over them and choke off the every bushel of grain, or stick of lumber produced vampires who for years appear to have boen suckin their vicinity-to pay, in fact, a bounty on their ing out their life-blood, and robbing the public of production? Who pays for the transportation to their just dues. If then they cannot sustain them market of the productions of the counties on the selves, we had better, in my humble judgment, banks of the Hudson or of the farmers of Long even go beyond what is proposed in this section, Island ? Does, or has, the State ever paid a cent and authorize the Legislature to dispose of them for this purpose ? No, sir, the State does not nor in any manner they may deem expedient, to give never has paid; the producers pay it out of their them, if proper in their judgment, to the counties own pockets; they have never had the presump- in which they are located, and let them have the tion, that I am aware of, even to ask the State to benefit of the $13,528,000 they have cost, and pay. There may have been some ground for make the most out of them they can. This affording temporary relief, of doling out charity to proposition I have no doubt will be met with the those portions of the State in their infancy, but cry, of which I think I have seen symptoms, that twenty-one years and upward have elapsed since unless you carry along these laterals, unless you the system has been in operation, time has been continue this bounty and temporary relief forever, given them to pass their minority, they have be your Constitution will be defeated, for every man come strong and of age, and, in my judgment, it is on the lines of these laterals will vote against it. about time that they sustain themselves without Now, sir, this is the same spirit, the same evil a continuance of this temporary relief. I believe genii which all along has succeeded, by assuming they have the ability and can do it without a threatening attitude, in bleeding the other porgreatly distressing themselves, but, like all other tions of the State, and making them tributaries to pensioners, they will hold on to their pittance as its power. I think the time has arrived to exorlong as possible. What prudent individual (the cise this spirit, to destroy his power, to defy him, State may be likened to an individual) owning a and to trust that the good sense of the mass of farm, a portion of which required irrigation to the people of this State will induce them make it productive, after expending a large sum to rise in their majesty and mote out equal justice in the digging of ditches to introduce water, to all

, regardless of consequences. While occupy. finding that the expenses of keeping the ditches ing this floor, I will take the liberty of saying a in repair and of cultivation, without taking into few words upon another matter contained in the consideration the cost of the ditches, amounted to majority report of the Committee on Canals, to more than he could realize from the sale of the which, as one of the minority, I dissented, and that crops, and after trying the experiment for more is whether the Superintendent of Public Works, than twenty years with the same result, would an officer who is to hold for eight years, and continue the unprofitable practice? Few men who is to be vested with full power over the would continue it five years, much less twenty; canals, and to be held responsible, should be it would prove ruinous to any man, unless he had appointed or elected. The majority recommend other means to sustain himself. This leak in the his appointment by the Governor and Senate, a public treasury should be stopped, and a large an- minority, that he should be elected by the people. nual sum, in addition to the millions required for Now sir, I have not as yet lost all faith in the repairs, will be secured to improve the navigation virtue and intelligence of the people, or in the on the paying canals and improve our finances. theory that the people are capable of self governHaving so long enjoyed these bounties, so long ernment, and have sufficient discernment to elect received temporary relief, I suppose the people their own officers. From what has been advanced of those localities imagine they have a prescrip- by honorable gentlemen on this floor, I contive right to them, and loud wailings and lamen- clude that the faith of many of them. has been tations will be heard if they are suddenly depriv- shaken, that they are convinced that the people ed of them. Now, sir, to wean them gradually, of this country have become so corrupt, ignorant to give them a fair opportunity to prepare them- and demoralized, that they can no longer be selves to rely upon their own resources, a minor. trusted. If they are honest in their opinions and ity of the Committee on Canals propose that the correct in their conclusions, then, sir, we had betpresent system be allowed to continue in force ter at once abandon our present system, subscribe until the first day of May, 1874, as provided in to the old Federal doctrine, reorganize our the following section reported by them, and en-government on the strong central principle, elect tered on our files as No. 56, which section is as a Governor and Senate for life, and give them the follows:

appointment, not only of the Superintendent of Pub“Sec. 11. The total annual expenditure upon lic Works, but also of all of our principal officers. any lateral canal for collection, superintendence, Give the nomination of this officer to the Goverrepairs and management, shall not, from and after nor, and in addition to the great patronage already the first day of May, 1874, exceed the tolls upon, bestowed upon him, you add indirectly the control and other sources of income of such canal, includ- and immense patronage of the canals. In 1846 ing in such income the tolls upon the Erie canal' the Constitutional Convention was satisfied, from

the experience of the past, that it was wise to re, and that he has presented to this Convention the duce the patronage of the Governor; now a new results of his examination so fully and so ably as generation propose to fly back to the ills their he has. The Committee on Canals had before predecessors suffered from. We have had some them much of the same testimony. They con. experience of the judgment of the Governor in sidered it; and it was in reference to the system the appointment of canal officers. A few years of fraud and of corruption, which is developed ago a canal commissioner was appointed by the in that testimony, that they have prepared and Governor to fill a vacancy. As near as I can presented to this Convention for its adoption the judge from the report of the investigating Com- section relating to the care and management of mittee of the Senate, this appointee turned out the canals; and, before I proceed to consider a to be one of the most dishonest of the gang of more important subject which has occupied this pilferers, and not very creditable to the Gover- committee almost altogether hitherto-the nor's judgment. Of such specimens we want no finances derived from the canal— I wish to say & more. If we trust the people to elect their Gov- few words in reference to this proposition. It ernor why not trust them to elect this officer ? If has been our endeavor, sir, to change the policy you have faith in their good judgment in the one which has hitherto prevailed for the purpose of case have faith in the other. It may be asked, placing the canals, their care and management, in why not continue the present system of three or all and every department, in the hands of one more heads to the canal department, so as to di- man, who shall be selected, who shall be a man vide the great responsibility ? My answer is, this who will best discharge this high duty. We dehas been tried and failed to give satisfaction ; sire by doing that to place the responsibility of under it plunder has been the order of the day, these great works, so important to the State, in and, judging from the investigations of the Sen- the hands of some one man known to the people, ate Committee, it has been customary for the and whom the people will look to for the faithful several persons in charge each to retire at the discharge of the high duty of his office. We beend of his term with a competency, or at least lieve that this power will be exercised better, with a full purse. In consequence of the short- with more efficiency, with more care, with ness of the present term of these officers, three less expenditure, and with perfect honesty, in years, in the course of eight years (the term pro- the hands of such a man, than it will be posed for the new superintendent) quite a number if it shall continue to be intrusted as for of the present class of officers would, under a many years past to several persons. When such corrupt system, take the liberty of helping them- has been the case we have of late years found selves with sufficient for life. If corruption is to that none of the officials seemed to feel personally continue to be the rule, then I would prefer the any responsibility to the people for the great one-man power, for it costs less to support and work intrusted to their charge. The office of enrich one than it does to enrich many: There is the Superintendent of Public Works of this State one thing which is clear, and that is that no sys-should command the highest talent, the highest tera will give satisfaction unless honestly man- character that can be selected from our citizens. aged, and that almost any system honestly man- Here are a thousand miles of canal; it is the aged will work well. Everything depends on the great net-work of our internal system of trade; honesty and capacity of those in charge, and I it is a work that affects the interest of every think the people are as likely to select an honest citizen of this State ; it should ever be supervised and capable man, as the Governor. For one, I with the greatest care, integrity and ability. yet have faith in the people of this country ; I We depend upon its results for the support of depend upon their good judgment. They may at our government in part, and largely for the distimes be mistaken and led into error, but eventu. charge of that indebtedness which is now pressally they will return to the right path and ing upon the State. We propose that the indiwill hurl from their places those who have robbed viđual to be intrusted with this high office shall them. We all desire the prosperity of our coun- bring to its discharge the highest character for try. For one, I hope that the day will never ar- integrity, and that he, by the position given him, rive that the people of this country will become by the salary allowed him, and by the power 80 demoralized as to show themselves unworthy which he will possess, shall be able to attract the of self-government and, like Mexico and the Cen- attention of the people of this State, to secure tral and South American States, inhabited by a their confidence, and to create a character and mixed race, become a prey to continual revolu- position for himself that will commend him to the tions, with no security for life or property. people as worthy of the highest office in their

Mr. SEYMOUR—The Committee on Canals, gift. The office of the canal commissioner was after much labor in the investigation of our canal once such an office in this State. It then comsystem, after much thought and reflection, have manded the best character, the best ability, presented for the consideration of this Conven- the highest integrity; and it was a proud day for tion two general propositions. One of them re- this State, and for our system of internal improve. lates to the care and management of the canals, ments, when such men as Van Rensselaer, Young, and the other relates to their improvement and to and Bouck and their compeers had the charge of the appropriation of their finances. I have been this system. It was prosperous then. There gratified to find that the gentleman from Kings were no charges of corruption; none of our citi(Mr. Barnard] has with such care and labor ex. zens felt that the public interests were intrusted amined the testimony taken under the authority to bad hands; none of them feared that the pubof the Legislature in reference to the working of lic moneys would be squandered. The people our present system of management of the canals, felt a confidence in these men, in their judgment,

INDEX.

A BOLISHMENT OF COURT OF APPEALS,

ADJOURNMENTS OF LEGISLATURE,
Resolution in reference to, 233.

Amendment of Mr. Hitchcock in reference
ABOLISHMENT OF OFFICE OF SUPERINTENDENT OF

to, 3594.
PUBLIC INSTRUCTION,

Amendment of Mr. Ketcham in reference
Resolution in reference to, 193.

to, 881.
ABOLISHMENT OF OFFICES,

Amendment of Mr. Van Campen in refer.
Resolution in reference to, 217, 351.

ence to, 3594.
ABOLISHMENT OF SCHOOL COMMISSIONER,

Resolution of instruction to committee on
Petition in reference to, 895.

revision to amend article on organiza-
ABSENTEES,

tion of Legislature in reference to, 3594.
Resolution in reference to, 412.

Resolution in reference to, 266, 412, 680,
Resolution in reference to pay of, 2779.

1919, 1951, 2058, 2098, 2263, 2528, 2529,
Resolution requesting information from

2567, 2657, 2659, 2659, 3003, 3788.
Comptroller in reference to compensa- | ADULTERATION AND SALE OF INTOXICATING LIQUORS,
tion of, 2357.

Committee appointed on, 142.
Resolution requesting Secretary to potify

Committee on, resolution to obtain infor-
to attend, 3415, 3416.

mation from, 641, 613.
Resolution requesting to resign their Debate on report of committee on, 3265 to
seats, 2815.

3297.
ACCUSED PERSONS.

Debate on report of committee on revision
Resolution in reference to testimony of,

on article, 3666 to,3672.
149.

Report from committee on, 2274.

Resolution to appoint committee on, 12, 793.
ACTIVE MILITIA,

Resolution to reconsider motion reconsid-
Resolution of inquiry to committee on
militia and military officers in referenco

ering vote rejecting report on, 3624.
to, 145.

AGAN, FRANK,
ADDRESS OF PRESIDENT,

Appointed messenger, 29.
On taking the chair, 19.

ALBANY,
At close of proceedings of Convention,

Resolution tendering thanks of Conven-
3950.

tion to mayor and authorities of, 2660.

Resolution of thanks to mayor and com-
ADDRESS TO PEOPLE, SHOWING CHANGES IN CONSTI-

mon council of, 3874, 3913.
TUTION,
Resolution to appoint select committee to ALDERMEN, BOARDS OF,
prepare, 3777, 3865.

Remarks of Mr. Develin on, 3140.
Report from committee on, 3916.

ALIENISM AFFECTING TITLE TO REAL ESTATE,
ADJOURNMENT,

Remarks of Mr. Livingston on, 3555
Debate in reference to, 187, 2655.

Mr. Rumsey on, 3556.
ADJOURNMENT TO SARATOGA,

Resolution of instruction to committee on
Resolution in reference to, 25, 161, 358.

revision to amend article on preamblo
ADJOURNMENT, FINAL, OF CONVENTION,

and bill of rights in reference to, 3555.
Resolution in reference to, 647, 673, 3283, ALIENS, EQUAL RIGHTS OF, TO HOLD REAL ESTATE,
3891

Remarks of Mr. Alvord 00, 3258.

135,

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ALIENS, ETC.- Continued

Remarks by, on report of committee on
Remarks of Mr. Gould on, 3259.

Governor and Lieutenant-Governor, etc.,
Mr. M. I. Townsend on, 3259. 884, 895, 1109, 1115, 1116, 1124.
Mr. Verplanck on, 3259.

Remarks of, on report of committee on
Mr. Wales on, 3257.

judiciary, 2176, 2450, 2592, 2599, 2602.
Resolution of instruction to committee on Remarks of, on report of committee on
revision to amend article on organiza-

official corruption, 3343, 3353.
tion of the Legislature in reference to, Remarks of, on report of committee on
1195.

revision on article on Governor, Lieuten-

ant-Governor, etc., 6113.
ALLEN, AUGUSTUS F.,

Remarks of, on report of committee on
A delegate from the thirty-second sena. revision on article on preamble and bill
'torial district, 978, 996, 1903.

of rights, 3543.
Appointed member of committee on

Remarks of, on report of commiltee on
finances of State, 95.

revision on article on town and county
Minority report from committee on finance,

officers, 3658.
by, 1679.

Remarks of, on resolution to instruct com-
Oath of office taken by, 18.

mittee on revision to amend article on
Petition against abrogating board of re judiciary, 2971, 3004.

gents of university, presented by, 1679, Report from committee on Governor,
2019.

Lieutenant-Governor, etc., presented
Petition against extending right of suf by, 666.
frage to Indians, presented by, 3239.

Resolution of inquiry in reference to pow.
Petition in reference to prohibiting dona ers and duties of county courts, by, 100.

tions to sectarian institutions, presented Resolution of instruction to committee on
by, 665.

revision to amend article on Governor,
Remarks of, on joint report of committee Lieutenant-Governor, etc., in reference

on finances and canals, 1760, 1888, 1900. to salary of Governor, 3612, 3619.
Remarks on resolution to appoint commit Resolution of instruction to committee on

tee to report mode of submission of revision to amend article on judiciary
amendments to Constitution, 395.

in reference to surrogate, 2971, 3004.
Remarks of, on taxatiou, 3489.

Resolution of instruction to committee on
Resolution of inquiry to Comptroller in revision to amend article on town and

reference to common school fund, 138, county officers in reference to super-
160.

vigors, 3658.
ALLEN, CORNELIUS L.,

Supplementary report from committee on
A delegate from the twelfth senatorial

Governor, Lieutenant-Governor, in ref-
district, 186, 234, 747, 2885, 3352, 3720.

erence to veto power, presented by, 668.
Appointed member of the committee on ALLEN, Norman M.,

the Governor, Lieutenant-Governor, etc., A delegate from the twenty-second sena-
95.

torial district, 3446.
Oath of office taken by, 18.

Appointed member of committee on coun.
Petition against abolishing office of re ties, towns, etc., 96.

gents of university, presented by, 2443. Oath of office taken by, 18.
Petition in favor of abolishing office of Remonstrance against abolishing regents
regents of university, presented by,

of university, presented by, 1679.
1361.

ALVORD, THOMAS G.,
Petition in reference to prohibiting dona A delegate from the twenty-second sena-

tions to sectarian institutions, presented torial district, 57, 59, 109, 123, 148, 153,
by, 416.

191, 413, 598, 612, 720, 721, 729, 739,
Petitions in reference to support of com-

744, 830, 848, 998, 1034, 1286, 1345,
mon schools, presented by, 2356.

1382, 1606, 1607, 1723, 1738, 1739, 1760,
Remarks of, on adjournment, 188.

1767, 1779, 1791, 1787, 1798, 1799, 1863,
Remarks of, on report of committee on 1895, 1951, 1979, 1990, 2051, 2054, 2087,
education, 2839, 2884.

2088, 2091, 2151, 2158, 2281, 2345, 2356,

2391, 2488, 2687, 2755, 2765, 2801, 2816,
2837, 2901, 2965, 3084, 3090, 3091, 3158,
3163, 3170, 3173, 3174, 3180, 3204, 3225,
3232, 3283, 3384, 3409, 3411, 3.128, 3432,
3439, 3455, 3456, 3461, 3478, 3526, 3527,
3532, 3533, 3535, 3537, 3550, 3554, 3561,
3572, 3586, 3595, 3598, 3602, 3604, 3605,
3618, 3621, 3623, 3629, 3655, 3656, 3688,
3684, 3609, 3743, 3748, 3749, 3752, 3758,

3772, 3789, 8823, 3858, 3875, 3919.
Appointed member of committee on

canals, 95.
Appointed member of committee on cities,

etc., 95.

Appointed member of committee on re-

vision, 565.
Motion for call of Convention, made by, 412.
Notice to reconsider resolution in refer-

ence to expunging cortain proceedings

of Convention, given by; 882.
Oath of office taken by, 18.
Petition against abolishing office of re-

gents of university, presented by, 1971,

1779.
Petition in reference to prohibiting dona-

tions to sectarian institutions, presented

by, 350.
· Petition in reference to prohibiting the

sale of intoxicating liquors, presented

by, 445.
Remarks of, in reference to adjournment,

163, 187, 1912, 2657.
Remarks of, in reference to amending jour.

nal, 2490.
Remarks of, in reference to death of Hon.

L. Harris Higcock, 26.
Remarks of, in reference to death of Hon.

David L. Seymour, 1974.
Remarks of, in reference to employment

of clerks to committees, 945.
Remarks of, in reference to final adjourn-

ment of Convention, 3412, 3414.
Remarks of, in reference to granting leaves

of absence, 1869.
Remarks of, in reference to incongruity in

article on Secretary of State, etc., 3907,

3909.
Remarks of, in reference to postponement

of consideration of report of finance

committee, 1977.
Remarks of, in reference to publication of

debates, 106, 108.
Remarks of, in reference to State aid to

railroads, 3465, 3480.

Remarks of, on appeal from decision of

Chair, 3829, 3830.
Remarks of, on call of Convention, 413.
Remarks of, on consideration of report of

committee on rules, 45, 69.
Remarks of, on finances of State, 3501,

3517, 3519.
Remarks of, on joint report of com-

mittee on finances and on canals, 1407,
1409, 1412, 1415, 1417, 1421, 1423,
1424, 1425, 1431, 1433, 1434, 1435,
1436, 1437, 1438, 1442, 1721, 1722,
1728, 1742, 1750, 1758, 1760, 1763,
1783, 1790, 1791, 1800, 1804, 1820,
1821, 1843, 1861, 1865, 1882, 1883,
1889, 1895, 1904, 1906, 1936, 1938,
1992, 1999, 2017, 2240, 2244, 2254,
2261, 2304, 2310, 2311, 2320, 2322,
2341, 2344, 2346, 2347, 2350, 2352,

2355.
Remarks of, on motion for call of Conven.

tion, 716, 718, 722, 738, 741, 742, 744, 746.
Remarks of, on' motion to reconsider vote
· adopting article on organization of Legis-

lature, 3457, 3866.
Remarks of, on motion to refer reports of

committees on finances and on canals to
same committee of the whole, 1210..

1212, 1214.
Remarks of, on postponement of considera--

tion of report of committee on powers
and duties of Legislature, 1290.
Remarks of, on report of committee on

amendments to and submission of Con-

stitution, 3885, 3897.
Remarks of, on report of committee on

Attorney-General, etc., 1282, 1286.
Remarks of, on report of committee on

canals, 2020, 2021, 2027, 2028, 2029,
2033, 2035, 2036, 2039, 2043, 2044,
2045, 2050, 2051, 2052, 2055, 2063,
2064, 2070, 2071, 2072, 2073, 2084,

2092 2093.
Remarks of, on report of committee on

charities, etc., 2734, 2743,
Remarks of, on report of committee on

cities, 2981, 2982, 2983, 2988, 3082,

3085, 3166, 3169, 3207.
Remarks of, on report of committee on

contingent expenses, in reference to fur-

nishing stationery to reporters, 629.
Remarks of, on report of committee on con-

tingert expenses, in reference to compen.
sation for publishing debates, 3868.

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