vote shall be in order unless made on the same day or the next following legislative day on which the question proposed to be reconsidered shall have taken place; nor unless moved by one who shall have voted in the majority. After a motion for a reconsideration shall have been put and lost, it shall not be renewed without the unanimous consent of the Convention. Rule 29. The previous question shall be, "Shall the main question be now put;" and if determined in the affirmative, no further debate or amendment shall be in order, and the main question shall be on the passage of the resolution or other matter under consideration; but when amendments shall be pending, the question shall be first taken on the amendments in their order: and when amendments shall have been recommended by the Committee of the Whole, and not acted on by the Convention, the question shall be taken upon such amendments in like order. CHAPTER X. Rule 30.-The following classes of resolutions shall lie over one day for consideration, after which they may be called up as of course, under their appropriate order of business : may inflict such censure as they may deem just, on those who on being called on for that purpose shall render no sufficient excuse for their absence. Rule 35. If any question contain several distinct propositions, it shall be divided by the President, at the request of any member, provided each subdivision if left to itself, shall form a substantive proposition; but the motion to strike out and insert shall be indivisible. Rule 36. The yeas and nays shall be taken and recorded in the journal on any question when demanded by one-fifth of the members present, except in cases where such a division shall have been already ordered on a pending question. Rule. 37. The journal of each day's proceedings shall be printed so that it shall be laid on the desks of me.nbers within two days after its approval. Rule. 38. Files of all documents ordered to be printed, shall be prepared and kept by the sergeant-at-arms, and one copy shall be placed upon the desk of each member of the Convention; one copy shall be supplied also to the secretary, one to each of his assistants, one to the stenographer, one to the librarian and one to cach reporter of the press. Rule 39. A similar allowance for stationery, as 1. Resolutions containing calls for infor- made to each officer of the Convention, except is provided for the use of the members, shall be mation from any of the Executive Departmessengers, and a similar allowance shall also be ments, from State, county or municipal made to each reporter. officers, or from any incorporate bodies. 2. Resolutions giving rise to debate, except such as shall relate to the disposition of business immediately before the Convention, to the business of the day on which they may be offered, or to adjournments or re cesses. Rule 31. All resolutions for the printing of an extra number of documents, shall be referred, as of course, to the Standing Committee on Printing, for their report thereon before final action by the Convention. Rule 32. All resolutions authorizing or contemplating expenditures for the purposes of the Convention, shall be referred to the Standing Committee on Contingent Expenses, for their report thereon before final action by the Convention. CHAPTER XI. Miscellaneous Provisions. Rule 33. The privileges of admission to the floor of the Convention shall be confined to the following descriptions of persons, viz. : 1. The Governor and Lieutenant-Governor. Rule 40. No standing rule of the Convention shall be suspended, amended or rescinded, unless been given; nor shall any amendment or repeal be one day's notice of the motion therefor shall have then made, except by the vote of a majority of all the members elected to the Convention. But such of business, that is, the priority of one subject Rule 42. There shall be printed, as of course, and without any special order, 800 copies of all reports of committees on the subject of Constitutional revision, and of all reports and cominunications made in pursuance of the order or request 2. The Heads of the State Executive Depart-of the Convention; and 800 copies of the journal; ments, and their Deputies. 3. Ex-Governors of the State. 4. Members of the United States Congress. 5. Officers of the Convention. which numbers shall be denominated the usual number. Rule 43. The Governor and each head of the State Executive departments, shall be furnished 6. Reporters of the press, duly assigned as by the printer with a copy of the official docusuch by the President of the Convention.ments of the Convention out of the usual number 7. Officers or ex-officers of the United States printed. army or navy who have received the thanks Rule 44. The sergeant-at-arms shall receive from of Congress. the printer all matter printed for the use of the Rule 34. In cases of the absence of a quorum Convention, and shall keep a record of the time at any session of the Convention, the members present may take such measures as they may deem necessary to secure the presence of a quorum, and of the reception of each document, and the num ber of copies received, and shall cause a copy of each to be placed on the desks of the members, officers and reporters entitled to receive them, | number, apportionment, election, tenure of office, immediately after their reception by him. Rule 45. There shall be bound, out of the usual number printed, three hundred copies of the journal and three hundred copies of the reports and documents of the Convention, to be distributed as follows, viz. To each member of the Convention, one copy; State Library, five copies; the library of the Senate, sixteen copies; the library of the Assembly, fifty copies; the Counties and Public offices, sixty copies. Rule 46. The Assistant Sergeant-at-Arms shall perform the duties of Postmaster of the Convention, and as such shall receive, distribute and dispatch such mail matter as shall be deposited in his office, addressed to or by members of the Convention; and the Sergeant-at-Arms shall assign to the service of the Acting Postmaster such number of the messengers as he may need to aid him in the performance of his duties. Mr. SHERMAN-I now move that the rules be read separately, and except where a separate vote shall be demanded, or they be amended, that they be considered as adopted without a formal vote. I and compensation of its members. 3. On the powers and duties of the Legislature except as to matters otherwise referred. 4. On the right of suffrage and the qualifications to hold office. 5. On the Governor and Lieutenant Governor, their election, tenure of office, compensation, powers and duties, except as otherwise referred. 6. On the Secretary of State, Comptroller, Treasurer, Attorney-General, and State Engineer and Surveyor, their election or appointment, tenure of office, compensation, powers and duties. 7. On town and county officers other than judicial, their election or appointment, tenure of office, compensation, powers and duties. 8. On the Judiciary. 9. On the finances of the State, the Canals, except their care and management, the public debt, revenues, expenditures and taxation, and restrictions on the powers of the Legislature in respect thereto. 10. On the Superintendence and Management of the Canals, and the proper officers to be charged therewith, and the mode of their election or appointment. Mr. VERPLANCK-I think we can hardly pass upon these rules by a casual reading of them. understood the gentleman from Oneida [Mr. Sherman] to say, they were substantially the rules of the Assembly, but in hastily running them over Iganization, government and powers. find several very important variations of those rules. I suggest, therefore, that they can hardly be considered now. 11. On cities, their organization, government and powers. 12. On counties, towns and villages; their or The PRESIDENT-Does the gentleman make any motion? Mr. DEVELIN-I move that the consideration of the report be postponed until to-morrow. Mr. SHERMAN-I have no objection whatever to the postponement if the Convention desire it. The question being put upon the motion of Mr. Develin, it was declared to be carried. Mr. HARRIS, from the Committee of Sixteen, appointed to consider and report upon the best practical mode of proceeding to the revision of the Constitution, made the following REPORT: The Committee appointed to consider and report to the Convention the best practicable mode of proceeding with the revision of the Constitution, respectfully report That, while, in their opinion there are some, perhaps many parts of the Constitution which need no alteration, yet, as the whole fabric of the fun damental law of the State has been committed to this Convention with instructions to examine it and propose for the consideration of the people such amendments as it may be thought to require, the Committee have deemed it their duty to recommend the examination of all the provisions of the Constitution by appropriate committees. They therefore recommend the adoption of the following resolution: 13. On currency, banking and insurance. 14. On corporations other than municipal, banking and insurance. 15. On State Prisons. 16. On the pardoning power. 17. On the militia and military officers. 18. On education and the funds relating thereto. 19. On future amendments and revisions of the Constitution. The Committee also recommend that the Committee No. 9 on the "Finances of the State" consist of sixteen members; that Committee No. 8, "on the Judiciary" and Committee No. 11 "on Cities," consist of fifteen members each, and that the other Committees consist of seven members each. The Committee further recommend that the committees, in making their reports, be allowed, at their option, to state briefly in writing the reasons in support of their conclusions. All of which is respectfully submitted. IRA HARRIS, Chairman. Mr. FULLER moved that the report be referred to the Committee of the Whole. Which was lost. Mr. ALVORD moved that the report lie upon the table and be ordered to be printed. Which was carried Mr. DUGANNE offered the following resolution: Resolved, That to the permanent committees appointed by this Convention shall be added a Resolved, That committees be appointed to standing committee, to be known as the Commit consider and report on each of the following sub-tee on Industrial Interests, to which shall be rejects, and that the several parts of the Constitu- ferred all matters pertaining to the rights and tion which relate to those subjects respectively be claims of labor. referred to such committees. 1. On the Preamble and the Bill of Rights. 2. On the Legislature, its organization and the Mr. FIELD moved that the resolution be referred to the same committee of the whole having charge of the report. The PRESIDENT-That has not been referred. | of the nature of the appeals; what proportion Mr. FIELD-Then I move that it lie on the were criminal, what proportion were from corpotable and be printed. The question being taken on the motion of Mr Field, it was declared carried. Mr. C. C. DWIGHT offered the following resolution: Resolved, That the Sergeant-at-Arms be directed to cause the street bounding this Chamber on the south to be strewn with tan bark or other suitable substance, and that it be kept there during the session of this Convention. Mr. C. C. DWIGHT-It is impossible for gentlemen in this part of the House to hear what is going on in the Convention, on account of the noise from that street, rations, and what in reference to other subjects. Mr. HARRIS-I would say in reply to the gentleman that I apprehend that it will be impossible for the Clerk of the Court of Appeals to make that discrimination. M. BICKFORD-I would also ask, that the resolution be so modified that information be furnished to the Convention, not only of the causes within the knowledge of the Clerk of the Court of Appeals, but also of all causes that are pending in that Court. I understand there are a great many causes pending in the Court not upon the calendar, of which the clerk may know nothing. Mr. FIELD-I rise to a question of order, that Mr. AXTELL-I understand that the Secre- by the rules under which we are acting, this resotary of the Convention has had some communica-lution giving rise to debate must lie over one day. tion with the Mayor of the City with regard to Mr. HARRIS-I think it will give rise to no this matter. I have been informed that this will further debate. be done without the action of this Convention, or without any request from it. Mr. TAPPEN-I propose to amend the resolution by making it a resolution of inquiry instead of a resolution of action. The PRESIDENT-Will the gentleman reduce his resolution to writing so it can be road by the Secretary? Mr. TAPPEN offered the following amendment: "That the Secretary be instructed to confer with the city authorities for the purpose of covering the pavement in front of the capitol." Mr. HARRIS-I would uggest to my friend that he had better let this lie upon the table for the present. I am persuaded that the Mayor of the city, the moment his attention is called to the subject, will provide a remedy against the evil spoken of. Mr. BICKFORD—I am informed that the Clerk has got all the information that I asked for. Mr. ROBERTSON offered the following amend. ment to the resolution of Mr. Harris: And also the amount involved in each case where the matter in dispute is a sum of money. Mr. STRONG-I think we had better lay this upon the table until to-morrow, in order to give us time to ascertain what facts we really need to have reported by the clerk. There are some facts iu addition to those already mentioned, and I suggest that the matter lie over until to-morrow. The PRESIDENT-Will the gentleman put that in the form of a motion? Mr. STRONG-I make that motion. Mr. STRONG-I propose to debate this resolu The resolution of Mr. C. C. Dwight and the sub-tion, and I suppose under the rule it will have to stitute of Mr. Tappen were laid on the table with lie over. I wish to make some remarks upon the the consent of the movers. subject. Mr. POND-I move to amend the amendment and the resolution by striking out all after the word resolved, and inserting the following in lieu thereof: The PRESIDENT-The Chair would inform the gentleman from Saratoga [Mr. Pond] that the subject is not now before the Convention, the resolution by consent having been laid on the table. Mr. POND-Then I shall offer the resolution as a distinct proposition. Mr. HARRIS offered the following resolution: Resolved, That the Clerk of the Court of Appeals be requested to furnish this Convention with a statement of the number of appeals now pending in the Court, distinguishing the years in which such appeals were brought. Also, the number of cases which were determined by the Court of Appeals during the years 1862, 1863, 1864, 1865, and 1866, respectively. Mr. KERNAN-I trust that the gentleman will allow that to be amended so as to state the districts from which the cases came, which can easily be furnished by the Clerk. Mr. HARRIS-I accept the amendment. Mr. S. TOWNSEND—I would like to ask the gentleman from Albany [Mr. Harris], who offered the resolution, whether it will be possible to classify that return so that we can form an idea The resolution was accordingly laid over. Mr. M. H. LAWRENCE offered the following resolution: Resolved, That the Chair appoint a Committee of seven whose duty it shall be to examine into and report to this Convention, what offices if any may be abolished without detriment to the public service, and expressly all those created by law since the revision of the Constitution in 1846. Mr. ALVORD, moved that the resolution lie upon the table and be printed. Which was carried. Mr. COLAHAN offered the following resolution: Resolved, That a further Committee of eight be appointed to take into consideration the educational interests of the State. Mr. SEYMOUR moved that the resolution lie on the table and be printed. Which was carried. Mr. HITCHCOCK offered the following resolu tion: Resolved, That the Secretary of this Convention be requested to procure twenty diagrams of this Chamber for each member, officer and reporter of this Convention, provided they be obtained at a cost not exceeding the cost of those furnished the Assembly last winter. Mr. GRAVES offered the following resolution: Resolved, That a committee of five be appointed by the Chair to report to the Convention at as early a day as practicable, whether in their opinion a provision should be incorporated in the Constitution authorizing the women of this State to exercise the elective franchise, when they should ask that right by a majority of all the votes given by citizen females over the age of twenty-one years, at an election called for this purpose, at which the women alone shall have the right to vote. Mr. LOEW moved that the resolution lie on the table and be printed. Which was carried. Mr. FIELD offered the following resolution: Resolved, That there be a committee of seven on claims against the State and their adjudication. amendments of Mr. E. Brooks, to strike out the word "comptroller" and insert in lieu thereof the words "Auditor of the Canal Department," and "provided said information is not already prepared by the Canal Department for the Convention." Mr. GREELEY-I object, with great respect to the mover of the amendment offered, on these grounds: The comptroller is an officer elected by the people of the State, known to the Constitution and laws of the State as its chief financial officer. The Canal Auditor, I believe, is not an officer known to the Constitution, at any rate is not chosen by the people, and he holds a subordinate position. I desire this very important information on the responsibility of the highest ûnancial officer of the State. I should not wish, with very great respect to the Canal Auditor, that he should be required to furnish us this information. The Comptroller, if he wishes, may apply to the Canal Auditor or any other source for information, but let us have this information given to us on the respon Mr. FIELD moved that the resolution lie onsibility of the chief financial officer of the State. the table and be printed. Which was carried. Mr. VAN CAMPEN offered the following resolution : Resolved, That a standing committee of seven be appointed on the subject of the relations of the State to Indian tribes remaining in the same. Mr. VAN CAMPEN moved that the resolution lie on the table and be printed. Which was carried. Mr. S. TOWNSEND offered the following resolution: I trust, therefore, that the amendment of the gentleman from Richmond [Mr. E. Brooks] will not be adopted. I gave notice that I would accept all amendments proposing to enlarge the scope of inquiry. If any gentleman wishes furthur information in regard to the Canals, I say I accept his amendment, but I will accept nono which seems to limit the scope nor to lower, if I may so speak, the plane of the inquiry. If then, there is information provided or providing for us by some officer which will furnish a part of what I want, I do not see that that is any Resolved, That it be referred to an appropriate reason for refusing this inquiry or rejecting it. If Committee, to report to this Convention the policy the Comptroller has this information at his elbow of making Constitutional provision for the collec- prepared in some other form in answer to some tion of all tolls, dues and taxes, authorized by the other inquiry, it would be very easy for him to laws of this State, after the 1st of January, 1868, transcribe it and to present it in auswer to this inin specie or its equivalent, and that thereafter the quiry. I am confident all I call for may be given us payments made by this State, and the counties on two pages of a Convention document. I wish and towns thereof, shall be in like currency, Pro- the information presented in such condensed vided, That thereafter no salary of any office exist-form that we may see the cost, current expenses ing on the 1st of January, 1861, shall be greater and current income of the Canals at one view on than the one existing at that, date, until otherwise one page, and then we may see what canals wo changed by the Legislature. are to credit with profit to the State, and what canals are chargeable with loss, When we have this information it will be perfectly easy for me, and I doubt not for others, to act upon the subject of the canals intelligently and with clear regard to the financial as well as the more important interests of our constituents. Mr. President, I am exceedingly desirous that this Convention, its deliberations, and the results of those deliberations, shall commend themselves to the favor-the emphatic decided favor of the people of the State. I believe the Constitution under which we now live and for which I very earnestly electioneered and voted on its adoption, is imperfect in many respects, and that abuses especially with regard to the canals have been Mr. GREELEY-I desire to call up the resolution which I offered in the Convention on the first day of its session, and which was by the Convention ordered to be considered this day, its pur-developed under its action. I am desirous that the pose being to secure information relative to the canals. The SECRETARY read the resolution referred to, calling upon the Comptroller for the required information; also, the pending Convention shall so act, with such openness, with such energy, and with such industry as shall commend its doings to the favor of our constituents, and enable its results to be sustained by the em phatic vote of the people of the State. I trust, therefore, that this inquiry will not any longer betion which is already at our hands, we shall so denied. multiply the labors of the respective heads of the Mr. CHURCH-It seems to me, sir, that neither departments and bureaus as to withdraw them the Comptroller nor the Auditor of the Canal depart- from their necessary daily duties. We can get a ment is the proper person to direct this resolution great deal of the information called for by a to, but that it should be directed to the Commis- little labor and a little inquiry on our own part. sioners of the Canal fund, who have charge of the And, there is, let me say, from some observafinances relating to the canals. At the head of tion, no greater abuse in legislative bodies or in that Commission is the Comptroller, and the conventions, than in the constant making of inAuditor of the Canal department is the Secretary quiries in regard to information which can be furof the Board. By directing it to the Commis-nished with very little labor on the part of legissioners of the Canal Fund, we shall have the lators or members of the convention themselves benefit of the experience and the knowledge of It was for this reason that I moved the second the Comptroller and also of the Auditor. I would amendment, "provided that the information is not suggest to the gentleman from Weschester [Mr. already prepared for the use of the Convention." Greeley] if that is not the proper direction for such a resolution as this. Mr. ALVORD-I agree with the gentleman from Orleans, [Mr. Church] in regard to the facts Mr. E. BROOKS-My reason for offering the as to the custody of the finances of the canal deamendment, to which the gentleman from West- partment. They are under the law, and they are chester objects, was that it was, in my judgment, in fact in the hands of the Auditor. They make in conformity to law, and that the Legislature of no part or parcel of the business of the Compthis State had so acted in defining the duties of troller or his office. The finances of the State the Canal Auditor and in so separating his bureau will be found in the Comptroller's office. If from that of the State Comptroller as to make it the resolution shall pass as proposed by the imperative upon him to furnish such information gentleman from Westchester, [Mr. Greeley,] as has a3 is called for by the pending resolution. Now, sir, let me read from the law: well been said by the gentleman from Richmond, [Mr. E. Brooks,] the Comptroller would have to "All the powers and duties of the Chief Clerk return the resolution back to this body stating of the canal department, and all the powers and that the information called for was not in his duties of the Comptroller in relation to the canals, bureau. Any information he might give he would except his powers and duties as Commissioner of have to take second hand from the Auditor in the the canal fund, are hereby transferred to, and end. It strikes me it is very proper that the vested in the said auditor; and the said auditor resolution should be directed to the financial offishall also be secretary of the Commissioners of cer of the Canal Department, who is the Auditor, the Canal fund." and by whom the accounts are kept. In regard Now, Mr. President, here the law is complete to the remarks made by the gentleman from Richas to the duties of the Canal Auditor furnishing mond [Mr. E. Brooks], I wish to say that I believe such information as is called for by the resolution that all the information, even to the minutest of the gentleman from Westchester [Mr. Greeley], detail called for by the resolution of the gentleman and the various pending amendments. Every from Westchester, and by the amendment of the body knows from the practice of the office under gentleman from Ontario, [Mr. Lapham] and all its present regime, that any information sought further amendments offered by the gentleman of for in regard to the administration of the canals of this State is sought for from the Canal Auditor; and, I believe, the State Comptroller is as well convinced as I am that this is not a proper inquiry to make of him; and if this resolution should be adopted by this body, he would either return it to the body making it, with a statement that it was no part of his duty to furnish such information or else hand it over immediately to the Canal Auditor, who is the proper officer to furnish it. The Canal Auditor is as much a state officer, though not elected by the people, as the State Comptroller himself, and he is the proper person to make the inquiry of. Now in regard to the other amendment I submit. I have proposed that this information shall be fur- Mr. CLINTON-It seems to be, Sir, that there nished, provided it is not already prepared by the is one rule we are in danger of losing sight of. State officers for the use of the Convention, and If that rule is to be observed, I am ignorant at if the gentleman from Westchester [Mr. Greeley] the present time as to whether I ought or ought will take the trouble to read and analyse the not to vote for this amendment. I understood financial report of the Auditor of the Canal Depart-the gentlemen from Orleans [Mr. Church,] to state ment, of the State of New York, of January 1st. that the information which this resolution asks 1867, and submitted to the Legislature, he will find for lies in the possession of the Auditor in three in detail the information which he requires by his different capacities, first, as Auditor of the Canal resolution. Now, Mr. President, upon another dpartment, second, as Secretary of the Commis subject. If we commence by making these various missioners of the Canal Fund, and third, as a inquiries from the State officers to furnish informa-Secretary of some other canal board. Now, then, the Convention, is already prepared, and will make a part of the manual which is to be laid upon the desks of the members of this Convention. I can speak advisedly so far as this, that a large portion of that information in detail, I have seen myself in manuscript form. I am aware of the fact that most of it, if not the entire of it, is to be laid on our desks in that manual. It is quite as well to get the information there as to go to the past reports of the Auditor. It strikes me also that it is eminently proper that this resolution, in the first place, should be directed to the proper officer and that we should then add a proviso that the information is to be furnished if it is not already contained in the forthcoming manual. |