Imágenes de páginas
PDF
EPUB

REPORTED BY EDWARD F. UNDERHILL,

OFFICIAL STENOGRAPHER.

FROM PAGE 1 TO 800, WITH INDEX.

WEED, PARSONS AND COMPANY,

PRINTERS TO THE CONVENTION.

N.Y. Doc. 3.12

1870, Oct. 28.

By Exchange
Duplicats.
(Vols. I.-V.)

IN CONVENTION, Feb. 27, 1868.

Resolved, That there be printed, in addition to the number already printed, a sufficient number of copies of the debates, documents and journals, to furnish each of the members with three copies; and also one copy each to the Mayor and the members of the Common Council of the city of Albany, and one copy each to the State Law Libraries at Rochester and Syracuse, the law libraries of the several judicial districts, the Law Institute, the Astor Library, and the New York Historical Society in the city of New York, and the Young Men's Associations of the cities of Albany and Troy.

[blocks in formation]

PROCEEDINGS AND DEBATES.

ALBANY, Tuesday, June 4, 1867.

Pursuant to chapter 194, of the Laws of 1867, being an Act to provide for a Convention to revise and amend the Constitution, passed March 29, 1867, the Delegates duly elected thereto assembled at the Capitol in the city of Albany.

At eleven o'clock, A. M., the Convention was the wisdom of the present generation, which called to order by Hon. FRANCIS C. BARLOW, Sec-aspires still to amend and, if it may be, to perfect retary of State. the work of those who have gone before them. Rev. W. B. SPRAGUE, D.D., of Albany, ad- And now, we desire gratefully to acknowledge dressed the throne of Grace in prayer, in words as Thine hand in all the propitious circumstances follows: which attend this occasion. We invoke Thy blessAlmighty and all gracious Father, we bow being upon this large deliberative assembly, who are fore Thee as the God of all the Nations of the assembled for one of the most important purposes earth Thou liftest up one and puttest down which can occupy mortals. We ask, first of all, another, and all are alike under Thy control. We that Thou would impress them deeply with a sense recognize Thy gracious providence in the ordering of the importance of the object which has conof our lot ever since our existence as a Nation vened them together, and grant that they may commenced. We thank Thee that here, while rightly understand their duty and have grace and ret this was savage ground, a seed was sown strength given them faithfully to discharge it; and which has sprung up and expanded into a miglity that they may discharge their duty successfully, tree, that has sent forth its boughs to the ends of wilt Thou grant to them to-day a fresh baptism of the earth, and whose leaves we believe will be the spirit of christian patriotism and good will for the healing of the Nations. We thank Thee, toward each other; let them realize their responsithat though Thou hast in retribution for our aggra- bility, not only to those whose interests they are vated sins, sometimes inflicted upon us grievous immediately charged with, but toward that God National calamities, yet Thou hast in Thine own who has placed them in this important position. best time delivered us out of them, so we are now Grant, most merciful Father, that every discusin the full enjoyment of our liberties and our sion may be conducted with candor and courtesy institutions. We thank Thee specially for the and unity, that every measure may be adopted favor with which Thou hast regarded this State in with wisdom, and that the result of all those which our lot is cast; and we thank Thee for all deliberations may be to add to the stability of our the means of intellectual, moral and Christian institutions, and also to intensify our influence culture, which we have here enjoyed. We thank as a State, and to bring us into more intimate Thee for all the intelligence, order and social ele-relations with the great Ruler of the world. Now vation, which here prevail. We thank Thee for grant that all the members of this Convention the good influence this State has exerted, not may be under Thy gracious care, during their resimerely upon the sister States of the Union, but dence in the midst of us, and wilt Thou watch upon other Nations of the globe. We thank over and preserve their families during the period Thee for the wisdom of our fathers in which origi- of their separation from them; and when they nated the Constitution under which we live, and shall have accomplished the object of their meetfor the wisdom of their successors by which it ing, may they be returned safely to their homes, has been, from time to time, improved; and for rejoicing in Thy goodness-rejoicing in the approval

of a good conscience-rejoicing in the approbation of their contemporaries-rejoicing in the assurance that their memories shall be embalmed by a grateful posterity. All these blessings, together with the forgiveness of our sins, we ask in the name of Jesus, our Redeemer- Amen.

Hon. ERASTUS CLARK, Deputy Secretary of State, then proceeded to call the roll of the Convention. All the delegates responded except the following: Delegates at large.-Homer A. Nelson, Francis Keruan, John Magee.

District Delegates.-6th. Abraham D. Russell; 8th. John E. Develin; 10th. Stephen A. Fullerton:

13th. Amasa J. Parker.

The Secretary of State then proceeded to administer the constitutional oath to the following delegates:

DELEGATES AT LARGE.

Waldo Hutchins, William M. Evarts, George Opdyke, Augustine J. H. Duganne, George William Curtis, Horace Greeley, Joshua M. Van Cott, Ira Harris, Erastus Cooke, Martin I. Townsend, William A. Wheeler, Charles Andrews, Tracy Beadle, Charles J. Folger, Erastus S. Prosser, Augustus Frank, Augustus Schell, George Law, Henry C. Murphy, David L. Seymour, Jacob Hardenburgh, Smith M. Weed, Alonzo C. Paige, George F. Comstock, Henry D. Barto, Sanford E. Church, Henry O. Chesebro, Joseph G. Masten Marshal B. Champlain.

SENATORIAL DISTRICT DELEGATES. First District.-Selah B. Strong. Solomon Townsend, William Wickham, Erastus Brooks.

Second District.-John P. Rolfe, Daniel P. Barnard, Charles Lowrey, Walter L. Livingston.

[blocks in formation]
[ocr errors]

Twenty-Seventh District. Elijah P. Brooks,
David Rumsey, Abraham Lawrence, George T.
Spencer.
Twenty-Eighth District.-Jerome Fuller, Lorenzo
D. Ely. William A. Reynolds, Freeman Clark.
Twenty-Ninth District.-Seth Wakeman, Levi F.
Bowen, Thomas T. Flagler, Ben Field.

Thirtieth District.-Edward J. Farnum, Isaac L.
Endress, John M. Hammond, William H. Merrill.
Thirty-First District.-Israel T. Hatch, Isaac A.
Verplanck, Allen Potter, George W. Clinton.

Thirty-Second District.-George Barker, Augustus F. Allen, Norman M. Allen, George Van Campen.

Mr. FOLGER moved that the Convention do

Third District.-Teunis G. Bergen, William D. Veeder, John G. Schumaker, Stephen I. Collahan. Fourth District.-Charles P. Daly, Samuel B. Garvin, Abraham R. Lawrence, Jr., John E. Bur-now proceed to elect a president of the Convenrill. tion, and that two tellers be appointed by the chair to count the votes.

Fifth District.-Nathaniel Jarvis, Jr., Elbridge
T. Gerry, Henry Rogers, Norman Stratton.
Sixth District.-Frederick W. Loew, Gideon J.
Tucker, Magnus Gross.

Seventh District.-Samuel J. Tilden, Edwards
Pierrepont, James Brooks, Anthony L. Robertson.
Eighth District.—Richard L. Larremore, Claudius
L. Monell, William Hitchman.

Ninth District.-Abraham B. Conger, Abraham B. Tappan, Robert Cochran, William H. Morris. Tenth District.-William H. Houston, Clinton V. R. Ludington, Gideon Wales.

Mr. STRONG-I would prefer, as there is but one candidate, that he should be elected by acclamation.

The CHAIR-The statute requires that the president shall be elected by ballot.

Mr. STRONG-I withdraw my motion.

Mr. J. BROOKS-Before we proceed to an election by ballot for the President of this Convention, I am requested by some of my fellowmembers to say a few words. The minority of the members of this body assembled this morning Eleventh District.-B. Platt Carpenter, John for consultation, and acting upon the wise preceStanton Gould, Wilson B. Sheldon, Francis Sil-dent which the Legislature of this State estabvester.

Twelfth District.-John M. Francis, Jonathan P. Armstrong, Cornelius L. Allen, Adolphus F. Hitchcock.

lished at its last session, deemed it wise to present no particular candidate to this body. This Convention has assembled for an important objectnamely to revise the organic law of this State. Looking to the proceedings of the Legislature, we have seen with great approbation that that body Fourteenth District.-Marius Schoonmaker, Solo-enacted a law which secured the election of sixmon G. Young, Manly B. Mattice, Ezekiel P. More.

Thirteenth District.-Erastus Corning, William Cassidy, James Roy.

Fifteenth District.-Alembert Pond, Hezekiah Baker, Judson S. Landon, Horace E. Smith.

Sixteenth District.-George M. Beckwith, Matthew Hale, Nathan G. Axtell, Andrew J. Cheri

tree.

teen Republican and sixteen Democratic members throughout the State at large, and thereby gave an admonition, if they did not establish a precedent, which seemed to justify us, or at least to suggest to us that this Constitutional Convention, about to assemble for the formation of our great organic law, should not be organized for

3

2

2

2

2

2

1

1

1

1

1

1

1 1

William A. Wheeler having received a majority of the votes of the Convention, the Chair announced that he was duly elected President of the Convention, and appointed Messrs. Harris and Murphy a committee to conduct the President elect to the chair.

On taking his seat the President said:

party purposes or for party organization; and Erastus Corning,. though there were precedents to the contrary in Sanford E. Church,. the history of the State, yet that action of a Leg-George F. Comstock, islature opposed to us in political feeling, was S. B. Garvin, deemed so wise that we have acquiesced in it, Selah B. Strong,. and have presented no particular candidate to be A. C. Paige,. voted for by the minority, leaving each member G. W. Clinton,. to vote for whomsoever he may please. We I. A. Verplanck,. have deeply regretted that others have deemed Samuel J. Tilden,. it wise to take a contrary course; and though I. B. Masten,. it is very natural and proper, and no matter G. W. Curtis,. of complaint by us that the majority of this I. T. Hatch, . body should select its own men for officers, yet. C. P. Daly,. it is matter of regret to us that in a Constitu- George Law,. tional Convention, which has met to form the Gideon J. Tucker,. organic law that shall govern this State, the Edwards Pierrepont,. presiding officer should go into the chair so Marshall B. Champlain,. bound down by party ties and party obligations Allen Potter,.... as not to feel himself absolved from the party that created him, and respect the views of the minority represented on the floor of this house. And we have apprehended with fear, and we certainly have a perfect right to fear, from what we have read in this morning's papers of the action of a body that met elsewhere, that the action of this Convention in selecting a presiding officer GENTLEMEN OF THE CONVENTION :-With a will be that of a mere party organization, and grateful appreciation of your kind partiality, I deprive us in the minority of those equitable and enter with unfeigned diffidence upon the disjust rights which the minority ought always to charge of the duties to which, by your ballots, have, not only in a legislative body, but more espe- you have assigned me, encouraged, nevertheless, cially in a body like this, whose action will establish by the conviction that honest efforts faithfully for future time the great organic law of this State. and impartially to administer the trust, will secure And we have the more regretted it, not only that to me a just degree of forbearance and supthey have elected all the other officers, but par-port. We are, in the history of our State, the fifth ticularly one officer in the same manner, who is body convened at the command of its sovereign to be-I will not say the recording angel of this people for the especial consideration of its fundabody-but who is to take down every word we mental law. We are to review, and seek better to ther for the future consideration of those who adapt to the demands of our time, the work of may come after us, and who wish to consult the our predecessors, embracing as well men who Constitution we may frame. We have thought carried the direct inspiration of the Revolution the stenographer of this body, if not the recording into their labors, as many others of a later period angel should in the spirit of equity and justice whose names gild our historic page, and to all make a record which will be free to all and just of whose combined patriotism and wisdom we all And though we have no doubt that the are indebted for the imperial and priceless hericcer they have selected will do his duty in jus-tage we enjoy. To remold the organic law of the tice to all, from his high professional reputation, first Commonwealth of the world, Empire in name yet we have deeply regretted that his selection by and Empire in fact, in which law are to rest the a party should seem to place him under any guarantees and safeguards of the rights, the party obligations whatsoever, that would make his interests and the welfare of our present and record more favorable to one side than it would future millions of people, is a task challenging be to the other, in a minority ir. this body. I our best efforts and our highest wisdom. Of the have deemed it proper to make these few brief work confided to us, I will not detain you to speak remarks prior to the ballots that the minority in in specific detail. Prominent however is the this body will give, not at all in censure or con-devising of means to secure the full benefits demnation of the majority, but in explanation of of that system of public works so closely interthe course that we have taken, and as a justification woven with our growth and prosperity, which of that course to our people throughout this State. has stimulated as well our own as the agriThe motion of Mr. Folger was then put to the culture of the great West, which has created vote of the Convention, and was declared car-cities and villages, and made vast contributions ried.

The Chair appointed as tellers, Mr. Curtis of Richmond, and Mr. Cassidy of Albany.

The Convention proceeded to vote for President and the Chair announced the result as follows:

to our internal and foreign commerce-the regulation and government of our State institutions and multiform corporations, municipal and other -a wise, just and economic adjustinent of State finance-the conferring of such legislative pow.

The whole number of votes cast was 149, of ers as shall insure honest and general legislation, which

[blocks in formation]

and an improved system of Judiciary which shall 100 supply efficient remedy and prompt redress for 9 every violation of the rights of person or prop5 erty. But, gentlemen, let us not forget that it is

« AnteriorContinuar »