Hitchcock, Houston, Hutchins, Kinney, Landon, the motion I made in regard to going into ComLapham, Larremore, A. Lawrence, M. H. Law-mittee of the Whole one hour after we meet each reuce, Lee, Ludington, McDonald, Merwin, Op- day. dyke, C. E. Parker, President, Prindle, Rathbun, Rumsey, L. W. Russell, Seaver, Smith, Spencer, Stratton, Van Campen, Van Cott, Wakeman, Wales, Williams-58. Noes-Messrs. C. L. Allen, Baker, Ballard, Barnard, Beadle, Bergen, Bowen, E. Brooks, Burrill, Carpenter, Chesebro, Clinton, Comstock, Conger, Corbett, Corning, Fowler, Garvin, Grant, Graves, Gross, Hardenburgh, Hatch, Hitchman, Huntington, Jarvis, Kernan, Ketcham, Krum, Law, A. R. Lawrence, Loew, Masten, Mattice, Monell, More, Morris, Paige, A. J. Parker, Pond, Reynolds, Rolfe, Roy, Schell, Schoonmaker, Sey. mour, Sheldon, Sherman, Strong, Tappen, S. Townsend, Weed, Wickham, Young-54. Mr. TAPPEN-I move the resolution do lie on the table for the present. Mr. ALVORD-I rise to a point of order, that the previous question having been moved the resolution cannot be laid on the table. The PRESIDENT-The point of order is well taken. Mr. A. J. PARKER-The previous question was only on reconsideration. The PRESIDENT-The previous question attaches to all the incidents of the pending proposition. Mr. HARDENBURGH-I call for the ayes and noes. A sufficient number seconding the call, the ayes and noes were ordered. Mr. WEED-If I recollect right that motion was laid on the table by a vote of the Convention. Mr. McDONALD The motion I call up was not tabled by a vote. The PRESIDENT - The Chair is informed that it was not laid on the table. The SECRETARY proceeded to read the mo tion of Mr. McDonald, with the pending amendment thereto, as follows: Pursuant to previous notice, Mr. McDONALD moved to amend the rules by adding thereto the following: RULE. The Convention will, unless it shall otherwise order, go each day into Committee of the Whole on any general or special order pepding one hour after it convenes, unless before that time that order of business may have been reached. Mr. SHERMAN moved to amend the motion of Mr. McDonald by substituting therefor the fol lowing: RULE 4. It shall be in order after the expira tion of one hour after the reading of the Journal to move that the Convention go into Committee of the Whole on the business committed to it; provided the appropriate order of business be not sooner reached. Mr. SHERMAN-I do not see that the adoption of any rule like the one proposed is essential to the regulation of our business. If anything of the kind is to be adopted it must reso-be in a modified form from the proposition offered by the gentleman from Ontario [Mr. McDonald]. Resolved, That hereafter the sessions of the By his proposition, at the expiration of the moruConvention on Mondays shall commence at half-ing hour, so called, the pending business, whatever past seven o'clock P. M. The SECRETARY proceeded to read the lution of Mr. Tappen, as follows: The SECRETARY proceeded with the call of the roll on the resolution as read, and it was declared lost by the following vote: be its nature, must be interrupted peremptorily, and without motion we must go into a Committee of the Whole. The action of this rule may deprive the Convention of the power of acting upon Ayes-Messrs. C. L. Allen, Archer, Baker, Bal- the business that should be acted upon at once, lard, Barnard, Beadle, Bergen, Bowen, E. Brooks, and throw it over to another day. My substitute Burrill, Carpenter, Chesebro, Cochran, Comstock, proposes a rule that will permit the Convention Corning, Daly, Fowler, Fullerton, Garvin, Grant, to go into Committee of the Whole, if it desires Graves, Gross, Hardenburgh, Hitchman, Hunting- to, at the expiration of the hour, but does not ton, Jarvis, Kernan, Ketcham, Krum, Larremore, absolutely require it. Law, A. R. Lawrence, Loew, Masten, Mattice, Mr. McDONALD-The only difference between Monell, More, Morris, Nelson, Paige, A. J. Parker, the rule suggested by the gentleman from Oneida Pond, Potter, Rolfe, Roy, A. D. Russell, Schell, [Mr. Sherman] and myself is this. By the rule Schoonmaker, Schumaker, Seymour, Sheldon. Sher- that I suggest this Convention will go into Comman, Strong, Tappen, S. Townsend, Weed, Wick-mittee of the Whole one hour after it meets, unless ham, Young-56. it then otherwise orders. When the hour arrives, if Noes-Messrs. A. F. Allen, Alvord, Andrews, there is any important business, more so than the Armstrong, Axtell, Barker, Barto, Beals, Bell, regular order of business before the Convention, on Bickford, E. P. Brooks, E. A. Brown, W. C. motion of any member, it can, by a majority vote, Brown, Case, Champlain, Clarke, Cooke, Corbett, still continue its present business, but otherwise C. C. Dwight, T. W. Dwight, Endress, Flagler, it will go into Committee of the Whole. By the Folger, Frank, Fuller, Gould, Greeley, Hadley, resolution offered by the gentleman from Oneida Hammond, Hand, Harris, Hitchcock, Houston [Mr. Sherman], it makes, as it were, the motion Hutchins, Kinney, Landon, Lapham, A. Lawrence, to go into Committee of the Whole, a privileged M. H. Lawrence, Lee, Ludington, McDonald, Mer- question, which can be made at any time during the ritt, Merwin, Opdyke, C. E. Parker, President, day one hour after we meet. I have only this to Prindle, Prosser, Rathbun, Reynolds, Rumsey, I say in favor of the first rule. As general and W. Russell, Seaver, Smith, Spencer, Stratton, special orders before the committee are supposed Van Campen, Van Cott, Wakeman, Wales, to be the most important business, I take it for Williams-62. granted it ought to be attended to, unless the Mr. McDONALD—I call up for consideration Convention otherwise orders. It seems to me that after the reports of the important committees we | A. Lawrence, M. H. Lawrence, Ludington, Met have had, which are now before us for considera-ritt, Merwin, Opdyke, President, Prindle, Prosser, tion, this Convention ought not to be willing to Reynolds, Robertson, Rumsey, A. D. Russell, use over one hour in the consideration of the L. W. Russell, Seaver, Smith, M. I. Townsend, S. other business of the Convention, but ought to be Townsend, Van Campen, Van Cott, Wakeman, willing and ought to make it a rule, that one hour Wales-47. having been spent in these side questions, this Convention, unless it otherwise orders, shall proceed to the consideration of the various reports which are of so much importance. I now move the previous question. Mr. SHERMAN-I offer the following resolu tion, but do not desire action on it to-day: The SECRETARY proceeded to read the resolution: Resolved, That until otherwise ordered, the hour Mr. LARREMORE-I move the whole sub-of meeting of the Convention on Mondays shall ject do lie on the table. be seven o'clock P. M. The PRESIDENT The motion for the previ ous question takes the precedence. The question was put upon the motion ordering the previous question, and it was declared carried. The PRESIDENT announced the question to be upon the substitute offered by Mr. Sherman, for the rule moved by Mr. McDonald, and it was declared adopted - ayes 89. The question then recurred on the adoption of the rule moved by Mr. McDonald as amended by the adoption of the substitute, and it was declared adopted - ayes 93. Mr. ARCHER-I call up for consideration the resolution offered by my colleague [Mr. Ketcham] the day before yesterday, in relation to the correction of the Journal. The SECRETARY proceeded to read the resolution as follows: Which was laid on the table for future consideration. Mr. PROSSER offered the following_resolution: Resolved, That the committee on Canals have authority to attend personally until Friday and Saturday of this week, or authorize a sub-commit. tee of their number to do so, at such place as they think proper, to take testimony and make personal examination as to the capacity of the locks upon the Erie canal to do the business and as to the capacity of the prism for larger locks. Mr. HARDENBURGH-I desire to investigate that proposition, and would therefore like to have it lie over for another day. The PRESIDENT--The resolution giving rise to debate it will lie over under the rule. Mr. SCHELL offered the following resolution: Resolved, That it be referred to the Committee on the Finances of the State, etc., to consider the Resolved, That the proceedings recorded upon expediency of making provision in the Constituthe journal declaring certain members of this tion, that all debts now owing by the State, conConvention in contempt at the session of this Con-tracted prior to 1st January, 1862, shall, with the vention held at seven and one-half o'clock P. M. on the fifth of August, 1867, and the recitals in said Journal declaring that certain members were brought to the bar of the Convention under charge of the sergeant-at-arms, and excused, etc., be expunged from the Journal of this Convention. Mr. GREELEY-I move the previous question. The question was put upon ordering the previous question, and it was declared carried. Mr. FOLGER-I call for the ayes and noes on the resolution. A sufficient number seconding the call the ayes and noes were ordered. The Clerk proceeded with the call of the roll, and the resolution was adopted by the following Vote : interest hereafter to accrue thereon, be paid in coin, and also that all debts which may hereafter be contracted by the State, shall, with the interest to accrue thereon, be paid in coin. Which was referred to the Committee on Finance. Mr. KETCHAM offered the following resolu tion: Resolved, That the sergeant-at-arms be and he is hereby directed to cause the street between the capitol and Congress Hall to be closed. The question was put on the resolution of Resolved, That further debate in Committee of the Whole on the report of the Standing Com. mittee on the Legislature, its Organization, etc., be limited to five minutes, and that at one o'clock today the article be reported to the Convention and immediately considered, and continue the special order until disposed of. Ayes-Messrs. C. L. Allen, Andrews, Archer, Noes-Messrs. A. F. Allen, Alvord, Barker, Bell, The question was put on the resolution of Mr. Williams, and it was declared adopted. Mr. POND-I wish to ask to be excused from attendance until Tuesday morning next, on account of important business that demands my There being no objection, leave was granted. Mr. LANDON-I call for the consideration of the resolution offered by me last Friday. The SECRETARY proceeded to read the resolution, as follows: Resolved, That the previous question may be applied to the particular section of an article, or testimony; but upon an examination of that resoother question under consideration, without lution I now desire, if in order, to withdraw my including the whole article or main question. objection. Mr. LANDON-As the previous question is now applied in this Convention, it applies to the whole article and precludes any amendment to the particular section. I desire by this resolution to leave it in the power of the Convention to apply the previous question to the particular section. Mr. McDONALD-I move this Convention do now resolve itself into a Committee of the Whole. The PRESIDENT-The Chair would inform the gentleman that the motion cannot now be entertained. Mr. McDONALD-The rule has just been passed. The question was put on the resolution of Mr. The PRESIDENT- The Chair holds that that Landon, and it was declared adopted—ayes 79, | resolution does not govern the proceedings of this noes 6. Mr. FIELD offered the following resolution: Resolved, That it be referred to the Committee on State Prisons, and the Prevention and Puuishment of Crime, to inquire into the expediency abolishing the death penaly. day. Mr. GOULD offered the following resolution: Resolved, That the Committee on Contingent Expenses be discharged from the further cousid. oferation of the resolution to bind the Constitution with notes, etc., and that the same be referred to the Committee on Public Printing. Which was referred to the Committee on State Prisons, etc. Which was carried, and the subject referred to Mr. LAPHAM-I call for the consideration of the Committee on Contingent Expenses. the resolution offered by me on Tuesday. The SECRETARY proceeded to read the resolution, as follows: Resolved, That the roll of delegates be called after the reading of the Journal each day, and the names of all delegates absent without leave, shall be entered in the Journal for the day. Mr. WEED-I would suggest to the gentleman from Ontario [Mr. Lapliam] that any gentleman who pleases can demand the call of the roll any time after the reading of the Journal. Mr. BELL-I hope that the rule requiring the resolution to lie over a day in regard to the examination to be made by the Canal Committee may be suspended by unanimous consent, and that the resolution may pass. It only requires a brief examination to be made, that can be made during the recess from to-morrow at one o'clock until Monday, and if made at all it is desirable it should be made at that time. It does not involve any expense. It merely provides that the Committee on Canals shall make that examination. The PRESIDENT-There being no objection, Resolved, That the Committee on Canals have authority to attend personally until Friday and Saturday of this week, or authorize a sub-committee of their number to do so, at such place as they think proper, to take testimony and make personal examination as to the capacity of the locks upon the Erie canal to do the business, and as to the capacity of the prism for larger locks. The PRESIDENT- The Chair so understands. Mr. WEED This resolution simply compels the resolution will now be considered. the Convention to sit here and fritter away its The SECRETARY proceeded to read the resotime in calling the roll, when there is no neces-lution of Mr. Prosser, as follows: sity for it. If there are one hundred and fifty members present there is no need of calling the roll; and to call it will simply take up the time of the Convention with that unimportant matter instead of discussing the proper questions before it. The gentleman from Ontario [Mr. Lapham], who feels it his duty to put every man on the record who is not present, if he is himself in his place, all he has to do is to get up and say he wishes the roll called. But, I ask if it is proper or right for us to say, whether every one of the Convention are here, or a few absent, a half hour or twenty minutes, after the appointed hour of meeting, shall be taken to put gentlemen upon the record as being absent, when, in fact, they may be here nearly all the day, and thus needlessly take up the time of the Convention? The question was put on the resolution, and it was declared adopted Mr. SEAVER-I offer four several resolutions, calling for information from different parties upon the same subject-matter. The SECRETARY proceeded to read the resolutions, as follows: Resolved, That the Commissioners of the Land Office be, and they are hereby requested to trans. Mr. BARKER-I congratulate the gentleman mit to this Convention, a list of all the lands, from Clinton [Mr. Weed] upon his conversion; with the location thereof, heretofore granted to after the motion he proposed to this committee or acquired by the "Sackett's Harbor and Saralast night and his remarks I am glad to see reformation has taken place. Mr. WEED-I do not understand what the gentleman means. Mr. SPENCER-I move the previous question. The question was put upon ordering the previous question, and it was declared carried. The question then recurred on the resolution of Mr. Lapham, and it was declared lost. Mr. HARDENBURGH-A moment since I interposed an objection to the consideration of a resolution offered by my friend from Erie [Mr. Prosser], to authorize the Canal Committee to take toga railroad company," the "Lake Ontario and Hudson River railroad company," and the "Adirondack company," stating as well the number of acres of said lands donated by the State, if any, as the number of acres purchased of the State, and the price per acre for which said lands were conveyed, when so purchased, and by what titles the said lands are now held by said company or association, organized pursuant to the provisions of chapter 236, Laws of 1863, entitled "An act to encourage and facilitate the construction of a railroad along the upper Hudson into the wilderness in the northern part of this State, and the development of the resources thereof," or of any act to which said act is supplemental, or of any act supplemental to or amendatory of said chap ter 236 Resolved, That the Comptroller be, and he is hereby, requested to inform this Convention what State of New York or United States stock, if any, and in what amount, has been deposited with him, and the time when the same was so deposited as security for taxes on lands, pursuant to section. 5 of chapter 236 of the Laws of 1863, entitled "An act to encourage and facilitate the construction of a Railroad along the Upper Hudson into the Wilderness in the northern part of this State, and the development of the Resources thereof." Resolved, That the State Engineer and Surveyor be requested to communicate to this Convention a statement showing the quantity of lands sold by the "Sackett's Harbor and Saratoga railroad company," the "Lake Ontario and Hudson River railroad company," and the "Adirondack company," or by any and every other company having or claiming to have or to have had and enjoyed the franchises of the corporation or corporations aforesaid, with the location and description of said lands, if any, and the names of the grantees thereof. Resolved, That the State Engineer and Surveyor be requested to inform this Convention what evidences, if any, have been filed in his office of the construction and operation of the railroad mentioned in the fifth section of chapter 236 of the Laws of 1863. Which were laid over under the rule. Mr. BICKFORD-I wish to ask leave of absence from this evening until ten o'clock Tuesday morning. I have received a letter stating that my wife and child are ill, and if the Convention will give me this leave of absence it will give me two days instead of one. Objection being made, the question was put on granting Mr. Bickford leave of absence, and it was declared carried. Mr. BELL-I am requested to ask leave of absence for the remainder of this week, for Mr. Merrill, of Wyoming, he having been called home by a telegram. There being no objection, leave was granted. The PRESIDENT presented a communication from Richard O'Gorman, counsel to the corporation of New York, in answer to a resolution of the Convention of August 3. Which was referred to the Committee on the Judiciary. Mr. KRUM — I ask leave of absence until to-morrow. There being no objection, leave was granted. Mr. SEAVER-I ask unanimous consent that the several resolutions offered by me a few moments since may be now considered. Mr. E. P. BROOKS offered the following resolution: Resolved, That on and after Tuesday next, this Convention will commence its daily sessions at nine o'clock A. M., subject to the rule adopted by this Convention as to adjournments on alternate Saturdays and the meetings on Mondays. The question was put upon the resolution of Mr. E. P. Brooks, and it was declared lost. The Convention then resolved itself into Committee of the Whole on the report of the Committee on the Legislature, its Organization, etc., Mr. ARCHER, of Wayne, in the chair. The CHAIRMAN announced the pending question to be on section 4 of the report of the committee. The SECRETARY proceeded to read the section as follows: SEC. 4. The Assembly shall consist of one hundred and thirty-nine members who shall be chosen by counties, and shall be apportioned among the several counties of the State, as nearly as may be, according to the number of inhabitants thereof, who are citizens of the State, and shall hold office for one year. Each county shall be entitled to at least one member, except that the counties of Fulton and Hamilton shall, together, elect, until the population of the county of Hamilton shall, according to the ratio, entitle it to a member. No new county shall be erected unless its population shall entitle it to a member. The first apportionment of members of Assembly shall be made by the Legislature at its first session after the adoption of this Constitution, upon the enumeration of the inhabitants of this State, who are citizens thereof, made in the year one thousand eight hundred and sixty-five. A like apportionment shall be made by the Legislature at its first session after every such enumeration. Every apportionment when made shall remain unaltered until another enumeration shall be made. Mr. MERWIN-I offer the following substitute: SEC. 4. The Assembly shall consist of one hundred and twenty-eight members, who shall be annually elected. The members of Assembly shall be apportioned among the several counties of the State by the Legislature, as nearly as may be, according to the number of their respective inhabitants, excluding aliens, and shall be chosen by single districts. The apportionment as now established by law shall remain until another enumeration and apportionment as hereinafter provided. The Legislature at its first session after the return of every enumeration shall re-apportior the members of Assembly among the several counties of the State, in the manner aforesaid, and the boards of supervisors in such counties as may be entitled, under such apportionment to more than one member, shall assemble at such time as may The question was put on the resolutions of be provided by law, and divide such counties Mr. Seaver and they were declared adopted. into assembly districts equal to the number Mr. FOLGER — I ask leave of absence for my of members of Assembly to which such colleague from the twenty-sixth district, Mr. Lap-counties shall be entitled, and shall cause ham. He has received a letter making it neces- to be filed in tho offices of the sary for him to leave at one o'clock and fifteen Secretary of State, and the clerks of their minutes, and remain away until Tuesday. respective counties, a description of such AssemThere being no objection, leave was granted: bly districts, specifying the number of each dis trict and the population thereof, according to the last preceding State enumeration, as near as can be ascertained. Each assembly district shail contain, as nearly as may be, an equal number of inhabitants, excluding aliens, and shall consist of convenient and contiguous territory, but no town shall be divided in the formation of such districts. The apportionment and districts so to be made shall remain unaltered until another enumeration shall be taken under the provisions of the preceding section. Each county shall be entitled to at least one member, except that the counties of Fulton and Hamilton shall together elect until the population of the county of Hamilton shall, according to the ratio, entitle it to a member. No new county shall be erected unless its population shall entitle it to a member. and a more honest and intelligent representatation in the lower branch of the Legislature than we have heretofore had. And I know of no better means of accomplishing this most desirable result, than by going back to the old system of electing the members of Assembly by counties. I believe that a great majority of the candid and observing citizens of this State, who have given any attention to the matter, will unite in declaring that the small district system, which was established by the Constitution of 1846, is a failure. Under the first Constitution of this State, as well as under the Constitution of 1821, they were chosen by counties, and then we had men of great ability, honesty and integrity; men whose influence was felt in behalf of all that was wise, right and good in government; men of whom the State Mr. MERWIN-It will be seen that this might well be proud, and whose names will long amendment leaves the provisions of the Constitu- be remembered by a grateful people. But our tion as they now are. It provides for one hun- members of Assembly have gradually become dred and twenty-eight members to be elected by worse and worse, until now few respectable men single districts, the apportionment and distribu- care to hold the office. I do not mean to tion of them to remain as they are now, so that say that there are not some able, high-minded, no new apportionment will need to be made by and honorable men in the Assembly every year, the Legislature. In my opinion, a larger number but I do mean to say that these are the exception, would be preferable, I think that would be more and that as a rule, the great majority of the memconsistent with the spirit of our institutions; still bers are in almost eve. y respect inferior to the men many of those whose opinions I respect differ from we had under the old system. And I think eveme, and I think, perhaps, upon the whole, it is ry reflecting man will bear me out in this asserbetter to retain the number we now have. It tion. This I attribute, in a great measure, to the may be more satisfactory to the people, and will fact that they are elected in small assembly disnot be inaugurating any change in that respect. tricts. Under the present system it does not It will also be seen that the system of single dis- matter much how little a man may be qualified tricts is retained. That question has been dis- for the position, or how ignorant or depraved he cussed in another aspect, but the same arguments may be, if he can gather enough of the same in regard to that question as to senate districts sort, like himself around him, he can, by political will apply more forcibly here. I have stated in and other influences, succeed in getting a nomianother place all that I care to say upon nation, and be elected. This is so not only in cities, this question, and I think that it is the more cor- but I understand from a distinguished member rect and just plan to adopt. I think it would be of this body, who belongs to the party in the mamore satisfactory to the people, and will retain jority here, that it is, in a great measure, equally the elements which we desire to attain in the true of the rural districts. Now it seems to me, constitution of the Assembly. There will be a re- that if they are elected by general ticket throughsponsibility about it which you cannot get if you out the county, these direct personal influences have large districts. There are in the State cannot be brought to bear so readily nor so effectwenty-nine counties that elect more than one tually. The votes of the better class of the commember; there being sixty counties in the State--munity will be more apt to tell, because the other or really fifty-nine, inasmuch as Fulton and Ham-class will not be able to make such combined and ilton elect together-and, of these, twenty-nine united efforts in behalf of their favorite candihave more than one member, and these twenty- dates. Money, which is so often all-powerful in nine comprise at least four-fifths of the inhabi- small districts, and before which obstacles, seemtants of the State. Also, inasmuch as we have ingly insurmountable, give way like ice before the adopted the single senate districts, if we elect the summer's sun, will in a great measure be useless Assemblymen by counties we will have the anom-in a county canvass. Candidates will be comaly of having assembly districts larger than senate pelled to rely more on their previous reputation, districts; which, in a number of instances, it for an election; and the result will be, that we seems to me, will work badly. I think the amendment I have suggested is right, and I hope it will prevail. Mr. LOEW-I am opposed to the amendment of the gentleman from Jefferson [Mr. Merwin], and in favor of electing members of Assembly from counties, as reported by the majority of the committee. I do not desire at this time to enter into any lengthy argument upon this subject, but simply to give utterance to a few thoughts that have suggested themselves to my mind. I presume all will agree that our best efforts should be directed and brought to hear to secure a better will have a much abler body of men. |