心 ted, that certain town officers, embracing the lowest in rauk, even that of overseer of the poor. shall be constitutional officers, and the next section provides that the Legislature shall have no power to abrogate these offices, nor any person to enlarge the duties of it or prescribe and diminish them. I insist this should be left to the Legisla-of striking out in this place the words "cities and ture. When we come to consider another branch of this report, as to the powers of the board of supervisors, it may then properly be considered whether that officer shall be a constitutional officer or not. of the gentleman from Chautauqua [Mr. Barker], it is simply striking out in this second section of the Constitution of 1846 the words "cities and villages," and also striking out the last clause of that section, and adopting it in every other particular. I favor that amendment. I am in favor Mr. FOLGER-I wish to ask the gentleman why he has left out the words " or some division thereof ?" Mr. BARKER-It occurred to me that as to town officers there could scarcely be any elected in a division of the town. Mr. FOLGER-I would suggest there are some towns which have town meetings by election districts, in pursuance of special acts of the Legislature. The Constitution, without that clause in it, might be construed so as to override those statutes. Mr. BARKER-I consent to the suggestion of the gentleman from Ontario [Mr. Folger], and reinsert that. It will be then after the word "town" "or some division thereof." villages," because we are now considering the re port of the Committee upon County and Town Officers, and I think it is well we should coutine ourselves to these officers. By and by we will get a report from the Committee on Cities and Villages, and then we can better consider what shall be done in respect to the officers of those corporations. I am in favor of striking out the last clause in this section because, although if it should be desirable to be inserted in the Consti. tution, it seems to me that this is not the proper place for inserting it. Mr. PAIGE-I want to make an explanation. I supposed the gentleman from Chautauqua [Mr. Barker] proposed to strike out the second paragraph of this second section. I understand now he intends to include it, therefore I withdraw my objection. He simply moves to strike out the last c'ause of that section. Mr. MASTEN-And the words "cities and villages." Mr. HITCHMAN-Will the gentleman allow me to suggest to him the propriety of another amendment? I would suggest to the gentleman that between the word "such" and the word Substitute for section two: "All county offi "authorities" that he insert the word "local," cers whose election or appointment is not provided so that it will read "by such local authorities for by this Constitution, shall be elected by the thereof as the Legislature shall designate electors of the respective counties, or appointed for that purpose." I suggest that the reason by the boards of supervisors, or other county aufor this is obvious. It is to do away with thorities, as the Legislature shall direct. such action as the Legislature has evinced toward town officers whose election or appointment is not the county of New York in the tying up and provided for by this Constitution, shall be elected grouping together of that county with other by the electors of such town, or of some division counties, and the appointment of officers outside thereof, or appointed by such authorities thereof, of and unknown to that county. as the Legislature shall designate for that purpose." The PRESIDENT announced the question to be on the amendment of Mr. Barker, as amended, as follows: Mr. BARKER-I prefer the gentleman should make that subject a separate amendment. Mr. LOEW-In what respect does the amendment of the gentleman from Chautauqua [Mr. Barker] differ from the substitute I proposed? The CHAIRMAN-It differs in several par ticulars. It does not cover the entire section. It does not contain the words "cities" or "villages." All The question was then put on the amendment of Mr. Barker, and it was declared adopted. Mr. HITCHMAN-In accordance with the sug gestion of the gentleman from Chautauqua [Mr. Barker], I offer the amendment I suggested. The SECRETARY proceeded to read the amendment as follows: Amend section two by adding after the word "thereof," in the seventhi line, or appointed by such local authorities thereof as the Legislature shall designate for that purpose." For Mr. BERGEN-There is one good reason, Mr. Chairman, why these town officers should not be fred or designated in the Constitution. I find in the third section of the report of the committee that they make the office of overseer of the poor a constitutional office. In the county of Kings there are no overseers of poor elected; that office has been abolished by law years ago. Yet if we should adopt the principles laid down in this report, it would revive an office in the county of Kings which we have found long ago to be useless. The whole power there is lodged in the superintendent of the poor. This is a good reason, in my judg-local authority. And through that process of Mr. HITCHMAM-The necessity for the adop tion of such an amendment as this must be appa rent to every gentleman in this Committee. years past the practice has prevailed in the Leg islature of tying up and grouping together of counties and portions of counties for the purpose of overcoming this very section of the Constitution, that provides that local officers shall be either elected by local constituencies or appointed by ment, why we had better be governed by what is manipulation the city and county of New York laid down in the Constitution of 1846, in relation have suffered greviously. Their rights have to this subject, so that these offices, where they are unecessary, may be abolished. Mr.MASTEN-As I understand the amendment been invaded, and all that is held dear by the people has been taken from their control. Nothing, not even the poor semblance of a gov. ernment, has been left to the people of that city.ent time. I am in favor myself, and will go with It is all centered here. There is no responsible him as far as possible to put down these comhead, no person to answer the inquiry of the tax missions. payer or citizen as to who is responsible for acts of mismanagement or errors of misgovernment. Mr. ANDREWS-Will the gentleman allow me to ask him a question? I would ask him what force he gives to the word "thereof" which follows the word "authorities ?" Mr. HITCHMAN-I find, upon reading the subsequent section, the amendment is not applicable, and I wish to withdraw it. The SECRETARY proceeded to read the third section as follows: SEC. 3. There shall be elected in each organized town by the qualified electors therein, at such time as the Legislature may prescribe, one supervisor, one town clerk, one collector, one or three assessors as the electors may determine, and as many commissioners of highways and overseers of the poor, as may be prescribed by law. The supervisor shall hold his office for the term of two years, and the other officers in this section mentioned for the term of one year, unless sooner removed by competent authority. Mr. BARKER-I move to strike out that section. The question was put on the motion of Mr. Mr. HITCHMAN-That may have the force to cover the whole matter; but inasmuch as the Legislature for years past has disregarded it, I think it well to put the word "local," so that the matter might not admit of a mistake. For that reason, sir, and because we have suffered to the extent that we have, I ask that this Convention now will insert such a provision. It may be their case tomorrow, next year, or at some future time. These things beget retaliation, and a party may obtain power in this State that may visit upon the heads of these gentlemen that have been giving us such legislation, just such in return. The same measure that has been meted out to us may come back to them; never by my vote, never with my consent; for I believe that to the people of the counties belongs the right to select those who shall preside over them and take charge of their government. I am democratic in the broadest sense, but I know that such is the feeling of men where they have been subject to such government, that they in turn may visit it upon the heads of those who inflicted it. I ask gentlemen to insert this word in this sec-tain the powers, and perform the duties pertaining tion. I believe it ought to be; I believe it will strike out all the difficulties and prevent all such troubles as we have witnessed in regard to the city of New York. SEC. 4. All county and town officers (except judicial) which may be in existence on the adoption of this Constitution, shall thereafter continue, with the powers, duties, and incidents thereto pertaining, until abrogated or modified by law; and the incumbents of said offices, and also the several officers mentioned in this article, shall re to their respective offices at the time of the adop tion of this Constitution, until the same are changed or modified by law. The Legislature may, by general laws, create such new town and Mr. HALE-I really cannot see what particu- county offices, not inconsistent with the provisions lar bearing the remarks of the gentleman from of this Constitution, as the public weal shall reNew York [Mr. Hitchman] have upon the ques- quire; abrogate such town and county offices as tion or how his amendment will remedy the are not specifically established by this article: grievance of which he complains. He refers to regulate the election of all officers named in this the fact that different counties of the State have article, and provide for the election or appointbeen put together by the Legislature, and officers ment of such as are not herein named; prescribe created for the division or district thus formed. the powers and duties of all county and town It is known certainly to all professional gentle- officers, except judicial; provide for the giving of men upon this floor that, where that has been security by any of said officers for the faithful done, the court of appeals has decided it to be discharge of their duties; provide for the removal constitutional, not because the word "local" was of all county and town officers (except judicial), not inserted before the word "authorities," but for whose removal provision is not otherwise because the officers in these districts were held made in this article; declare the cases in which not to be town, city or village officers. The amendment which the gentleman proposes would not have the slightest bearing upon the constitutional question. If the word "local" was there the Legislature might proceed to do just what it has done, and the authority of the court of appeals would be conclusive that the Constitution was not violated, because the officers that are created for such combination of cities or villages, are not city, town, or village officers. Now the word "thereof" meets the case. The word "local" does not give any more force to it. These officers must be appointed by such au- SEC. 5. All county and town officers shall reside thority "thereof" as the Legislature shall desig-within their respective counties and towns, and shall keep their respective offices at such places nate. any such office shall be deemed vacant, and provide for filling vacancies in office; but in case of elective officers, no person appointed to fill a vacancy, shall hold his office by virtue of such appointment, longer than the balance of the term in which such vacancy occurs. Mr. BARKER-I move to strike out that section. The question was put on the motion of Mr. Barker, and it was declared carried. The SECRETARY proceeded to read the fifth seection, as follows: Mr. MASTEN-I would ask the gentleman therein as may be directed by law. And all such from New York [Mr. Hitchman], whether he had officers shall be subject to indictment for malnot better withdraw this amendment at the pres-feasance, misfeasance or neglect of official duty; and upon conviction thereof, their offices shall become vacant. Mr. BARKER-I move to strike out that section. The question was put on the motion of Mr. Barker, and it was declared carried. The SECRETARY proceeded to read the sixth section, as follows: report made by Committee No. 7, relating to the powers and duties of supervisors, and now under consideration, be referred to Committee No. 12, the committee to which it properly belongs, The CHAIRMAN-The motion of the gentleman is not now in order, there being two amendments already pending. Mr. SMITH-When the gentleman from OnSEC. 6. The county supervisor and town super-ondaga [Mr. Corbett] shall have lived twenty visors chosen in each county, shall constitute a years longer, he will probably be less sensitive, board to be known as "The board of supervisors and he will learn that it is easier to make stump of the county of by which name they speeches than Constitutions. Now, sir, in behalf may sue and be sued; and in which capacity they of the committee who have reported this article may make and use a common seal, and enact under consideration, I beg leave to say they have ordinances and by-laws not inconsistent with the confined themselves strictly, as they understood laws of the State. They shall meet statedly, at it, within the limits prescribed by the Convenleast once in each year, at the county seat of their tion. Their duties are stated in those words. county, and may hold special and adjourned meet- Mr. CORBETT-Will the gentleman permit me ings; and shall have such powers, and perform to ask him a question? By what straining of such duties as a board, as may belong to and de-language can he call a board of supervisors a volve upon boards of supervisors at the time of county officer? the adoption of this Constitution, or as may thereafter be prescribed by law. They shall appoint a clerk, who shall keep a journal of their proceedings, and transact such other business pertaining to his office as may be by them or by law required, and whose compensation shall be fixed by them, and paid from the county treasury. Mr. HALE-I move to substitute, in place of that section, section 17 of article 3 of the Constitution of 1846, as follows: "The Legislature may confer upon the boards of supervisors of the several counties of the State, such further powers of local legislation and administration as they shall from time to time prescribe." Mr. HADLEY-I offer the following as an amendment to the amendment offered by the gentleman from Essex [Mr. Hale]: "There shall be in each of the counties of this State (except the city and county of New York), a board of supervisors, elected in such manner and possessed of such powers of local legislation relative to the internal affairs of said counties, and having such other powers and duties as the Legislature may from time to time by general laws prescribe." Mr. SMITH-I propose to answer it without straining language. The duties assigned to this committee are in these words: "On town and county officers, other than judicial, their election or appointment, tenure of office, compensation, powers and duties." Now, sir, under the present Constitution and under the present law, supervisors are town officers, and boards of supervisors, acting in their corporate capacity, are county officers. The committee were wholly unable to determine how they could discharge their duties without considering the duties of supervisors, not only in their individual capacity as representatives of the town, as town officers, but their duties as members of the board. If the gentleman from Onondaga [Mr. Corbett], in his wisdom, can determine how we could have discharged our duties without considering the duty of supervisor in both capacities, he will then have solved a problem which we were not able to solve. Now, whether the subject properly belongs to the other committee or not, under the language assigning their duties, this committee did not feel called upon to determine and have not undertaken to determine; but have aimed simply to perform the duties Mr. CORBETT-There is an evident conflict assigned them, faithfully and conscientiously, not of jurisdiction between two committees, viz.: wishing to trespass on the ground assigned to Committee No. 7, on Town and County Officers other committees, and we believe we have not. I other than Judicial, and Committee No. 12, ou have a single word to say in relation to the Towns, Villages, and Counties, their Organization, amendment suggested to this article. It is proPowers, and Government. Either the one or the posed, as I understand, to substitute the present other of these two committees has certainly mis-article of the Constitution, which provides that apprehended the extent of its powers. The board " Legislatures may give the boards of supervisors of supervisors constitute the county government, power of local legislation." All I have to say in and the definition of its powers and duties prop- regard to that is this: If the Convention are cou erly belongs to Committee No 12; and unless we tent to leave that matter where it has been, and propose to ignore Committee No. 12, I would sug-leave things as they are, that is a very appropri gest that this subject be referred to that com- ate provision, of course, and an easy way to dismittee. With all due respect to the chairman pose of the matter; but if they wish to give [Mr. Hadley] of the committee on which I have more power to local boards and take it away the honor to serve, I protest against putting in from the Legislature, the provision will not our report as an amendment to the report pre- answer the purpose, because it has not sented by Committee No. 7. I am perfectly willing answered such purpose in times past. There has that Committee No 7 shall perform the bulk of been very little power given to the local boards the labor; as a matter of pride, however, I under the Constitution as it stands; and if the would like that Committee No. 12 should at least Legislature is inclined to retain power which may be accorded the privilege of putting in a post- be and is used for corrupt purposes, the only rem script. I therefore move that that portion of the edy is to take that power from them. If we do not make it exclusive in the board, it rests with the Legislature just where it has been. The provision which it is now proposed to strike out, was made in obedience to what was supposed to be a general demand to transfer this power from the Legislature to the boards, and make it exclusive, so that the Legislature could not act on these matters which are given to the board. That is the explanation the committee offers for making the provision. I wish to say a single word further, while I am up, in regard to this amendment. The gentleman from Chautauqua [Mr. Barker] and the gentleman from New York [Mr. Loew] seem to have fallen into the error that because certain sections are numbered in this article-number 1 and 2, etc., as they are numbered in the present article, that they are intended to be substitutes for them in the order in which they stand. That was not the desigu. Section 2 in the article reported by the committee had reference to the appointment, tenure of office, etc. of district attorney, and nothing else; but, as that office was incorporated in the first section, as amended, making the office elective, the second section should be stricken out; and, the amendment offered by the gentleman from New York [Mr. Loew], aud advocated by the gentleman from Chautauqua [Mr. Barker], should have been a substitute for section 1. The plan of the article is this: Section 1 provides for county officers, section 2 provides for the appointment of district attorney, section 3 prescribes town officers, and section 4 is substantially a substitute for sections 2, 3, 4, and 5 in the old Constitution. That was the plan of the committee, and as this mistake seems to have been made by gentlemen I wish it to be corrected and not to have it supposed that the committee thought, in reporting section 2, that they were making a substitute for section 2 in the old Constitution. nance with the wishes and sentiments of this body as I gather them from the debate so far, and 1 think the committee will be ready to report tomorrow morning. As a matter of courtesy, then, I ask that the further consideration of this question be postponed until we hear the report of Committee No. 12. The CHAIRMAN-The Chair will inform the gentleman that his amendment is not now in order. Mr. CORBETT-Then I move that the committee rise, report progress, and ask leave to sit again. The CHAIRMAN-That motion is in order. The question was put on the amendment of Mr. Corbett, and it was declared carried, on a division, by a vote of 46 to 43. Whereupon the committee rose, and the PRESIDENT resumed the chair in Convention. Mr. BELL, from the Committee of the Whole, reported that the committee had had under consideration the report of the Committee on Town and County Officers, other than Judicial, etc., had made some progress therein, but, not having gone through therewith, had instructed their chairman to report that fact to the Convention, and ask leave to sit again The question was put on granting leave to sit again, and it was declared carried. Mr. FOLGER-I ask leave of absence for Mr. M. H. Lawrence, of Yates county, for the rest of this week. No objection being made, leave was granted. WEDNESDAY, August 14, 1867. The Convention met at 10 o'clock A. M. Mr. CLINTON presented the petition of C. T. Hasbrook, and fifty-two others, inhabitants of Hughsonville, for the separate submission of a clause prohibiting the sale of intoxicating liquor as a beverage. Which was referred to the Committee on Adulterated Liquors. Mr. HAND presented the petition of the Lisle Temperance Association, comprising over six hundred and fifty members, citizens of Lisle and the adjoining towns of Broome county, on the same subject. Which took a like reference. Mr. CORBETT-Before proceeding any further I would request the gentleman from Seneca [Mr. Hadley] to withdraw his amendment. If gentlemen will turn their attention to rule seven they will see that it relates to "town and county officers, their powers and duties." Now, I admit that it is the province of this committee to define the duties of a supervisor as a town officer, but instead of that the committee has followed him into the board of supervisors and defined his duty there. Not only that, but they have also pointed out the mode of the organization of the board of supervisors and defined its duties- -a subject which, I think, does not properly come within the jurisdiction of that committee. They have trenched upon the powers of Committee No. 12; and, while I commend the gentleman's zeal, I desire him to understand that I have so much respect for the report of the committee on which I have the honor to serve that I would prefer not to associate it with his, especially when I consider the treatment his report has received thus far. I choose to have it stand on its own merits, and come in as an independent report. I desire to say, further, without at all indicating the Which was referred to the Committee on the character of the report which will come from Finances of the State, and ordered to be printed. Committee No. 12, or anticipating its formal pre- The PRESIDENT also presented a communisentation to the Convention, that I believe our cation from the State Engineer and Surveyor, in treatment of this subject will be fully in conso-answer to a resolution adopted by the Convention. Mr. VEEDER presented the petition of Henry Reitzheimer, and four hundred and fifty-six others, citizens of Brooklyn, asking for the passage of uniform laws in reference to the sale of liquors. Which took a like reference. The PRESIDENT presented a communication from the commissioners of taxes and assessments of New York city, in answer to a resolution adopted by the Convention. Which took a like reference, and was ordered, possess and exercise such powers of local taxation to be printed. Mr. HADLEY-The Committee on the Organization of Counties, Towns and Villages, their Powers, etc., beg leave to present the following report, being a report of the majority of that committee. The SECRETARY proceeded to read the report, as follows: Your Committee on Counties, Towns and Villages, their Organization, Government and Powers, believing it unwise to make changes in the fundamental law of a State, unless experience has demonstrated the necessity of such changes, respectfully REPORT: That they have been unable to discover any demand or necessity for any change in the organization or government of the counties, towns or villages within this State, which is not within the power of the Legislature to make, and therefore your committee do not recommend any amendment of the existing Constitution in relation to those subjects. Your committee, in the discharge of their duty, in view of the growing tendency to create debt, see, or think they see, a necessity for imposing some restrictions upon the power of counties, towns and villages to loan their credit to corporations. Your committee also believe that there is a demand and necessity for increasing the powers of boards of supervisors to legislate in relation to the local and internal affairs of their respective counties, and the towns and villages therein, and in accordance with these views, have instructed their chairman to report the following provisions and recommend the adoption thereof. Dated, August 14, 1867. S. G. HADLEY, Chairman, SEC. -There shall be in each of the counties of this State (except the city and county of Now York) a board of supervisors, elected in such manner, and for such period, and composed of such numbers, as is or may be provided by law. The boards of supervisors shall possess and exercise the power to legislate in relation to the local and internal affairs of their respective counties and the towns and villages therein: Subject, however, to such rules and regulations as the Legislature may prescribe; and it shall be the duty of the Legislature at the first session thereof after the adoption of this Constitution to prescribe such rules and regulations by general laws. as now is, or hereafter may be prescribed by law. The undersigned, believing that the provisions of the present Constitution relative to legislation by boards of supervisors, are sufficient, does not concur with the majority of the committee in rocommending any change in that respect. He only concurs in that portion of the report which recommends a similar restriction of the power of towns and counties to loan its credit or money to individuals or corporations, etc., as the Convention has already adopted with respect to the power of the Legislature in that respect. Dated, August 14, 1867. WILLIAM WICKHAM Mr. E. BROOKS-I move the report bo referred to the Committee of the Whole. The PRESIDENT-It will be if so desired. The entire report will be referred to the Committee of the Whole. Mr. M. I. TOWNSEND-The standing committee on the Pardoning Power respectfully report the section attached hereto, and recommend that the same be adopted as a section of the article of the Constitution in relation to the Executive. The SECRETARY proceeded to read the report, as follows: The standing committee on the Pardoning Power respectfully report the section attached hereto, and recommend that the same be adopted as a section of the article of the Constitution in relation to the Executive. The section recommended by the committee is the fifth section of the fourth article of the present Constitution of the State, and differs only in details from the provisions on the same subject in the Constitution adopted in 1822. By the present Constitution and, by the third section reported by the Committee on the Govern. or and Lieutenant-Governor, and adopted by the Committee of the Whole of this Convention, it is made the duty of the Governor to "take care that the laws are faithfully executed." This responsi bility is not shared by the Governor with any other functionary. And as this duty is devolved on him alone, it is the Governor alone who is prepared to judge how far it may be safe, from timo to time, to remit the penalties imposed upon those convicted of crime, consistently with the preservation of the public peace and with the general 8. No county, town, or village now exist- "faithful execution of the laws." It was this coning or hereafter organized, shall in any manner sideration; doubtless, which originally led the give any of its property or money, or loan its people of the State to invest the Governor with credit to or in aid of any individual, association, the exclusive power of granting pardons, and the or corporation; nor directly or indirectly become same consideration has doubtless led to the lodg - a stockholder in any association or corporation;ing of the power of pardon in the same hands in nor shall any county, town, or village, in any manner guarantee any obligation of any individual, association, or corporation. §-. Counties, towns and villages shall severally twenty-nine other of the States of this Union. The vast and constantly increasing population of the State, modified as it is by our peculiar commercial and geographical position, furnishes a |