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Resolved, That there be printed, in addition to the number already printed, a sufficient num. ber 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.
LUTHER CALDWELL, Secretary.
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 Metary of State.
the work of those who have gone before tliem. Rer. 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 npon 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, anther, and all are alike under Thy control. We that Thou would impress them deeply with a sense Pengtize Thy gracious providence in the ordering of the importance of the object which has conof our lot ever since onr existence as a Nation vened them together, and grant that they may coanenced. We thank Thee that here, while rightly understand their duty and have grace and set 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 ihem realize their responsiteat though Thou hast in retribution for our aggra- bility, not only to those whose interests they are pated sing
, sometimes inflicted upon us grievous immediately charged with, but toward that God Satu stal 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 Tree for all the intelligence, order and social ele- relations with the great Ruler of the world. Now Fation
, 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 opa 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 Seventeenth District.-William C. Brown, Edwin of their contemporaries-rejoicing in the assurance A. Merritt, Leslie W. Russell, Joel J. Seaver. that their memories shall be embalmed by a grate- Eighteenth District.—Edward A. Brown, Marcus ful posterity. All these blessings, together with Bickford, James A. Bell, Milton H. Merwin. the forgiveness of our sins, we ask in the name Nineteenth District. Richard U. Sherman, Theof Jesus, our Redeemer - Amen.
odore W. Dwight, Benjamin N. Huntington, Hon. ERASTUS CLARK, Deputy Secretary of State, George Williams. then proceeded to call the roll of the Convention. Twentieth District.--Elijah E. Ferry, John All the delegates responded except the following: Eddy, Ezra Graves, Oliver B. Beals.
Delegates at large.—Homer A. Nelson, Francis Twenty-First District Elias Root, Lester M. Keruan, John Magee.
Case, M. Lindley Lee, Loring Fowler. District Delegates.—6th. Abraham D. Russell; Twenty-Second District. - Thomas G. Alvord, 8th. John E. Develin; 10th. Stephen A. Fullerton: L Harris Hiscock, Patrick Corbett, Horatio Bal13th. Amasa J. Parker.
lard. The Secretary of State then proceeded to ad. Twenty-Third District.—Elizur H. Prindle, John minister the constitutional oath to the following Grant, Hobart Krum, Samuel F. Miller. delegates:
Twenty-Fourth District. — Stephen D. Hand, DELEGATES AT LARGE.
Charles E. Parker, Oliver H. P. Kinney, Milo
• Twenty-Fifth District.-George Rathbun, Chas. William Curtis, Horace Greeley, Joshua M. Van C. Dwight, Leander S. Ketcham, Ornon Archer. Cott, Ira Harris, Erastus Cooke, Martin I. Town
Twenty-Sixth District. - Elbridge G. Lapham, send, William A. Wheeler, Charles Andrews, Angus McDonald, Sterling G. Hadley, Melatiah Tracy Beadle, Charles J. Folger, Erastus S. Pros
H. Lawrence. ser, Augustus Frank, Augustus Schell, George
Twenty-Seventh District. - Elijah P. Brooks, Law, Henry C. Murphy, David L. Seymour, Jacob David Rumsey, Abraham Lawrence, George T. Hardenburgh, Smith M. Weed, Alonzo C. Paige. Spencer. George F. Comstock, Henry D. Barto, Sanford E.
Twenty-Eighth District.-Jerome Fuller, Lorenzo Church, Henry 0. Chesebro, Joseph G. Masten D. Ely. William A. Reynolds, Freeman Clark. Marshal B. Champlain.
Twenty-Ninth District.-Seth Wakeman, Levi F.
Bowen, Thomas T. Flagler, Ben Field. SENATORIAL DISTRICT DELEGATES.
Thirtieth District.-Edward J. Farnum, Isaac L. First District.—Selah B. Strong. Solomon Town. Endress, John M. Hammond, William H. Merrill. send, William Wickham, Erastus Brooks.
Thirty. First District.-Israel T. Hatch, Isaac A. Second District.-John Rolfe, Daniel P. Barn- Verplanck, Allen Potter, George W. Clinton. ard, Charles Lowrey, Walter L. Livingston. Thirty-Second District.-George Barker, Augus
Third District.—Teunis G. Bergen, William D. tus F. Allen, Norman M. Allen, George Van Veeder, John G. Schumaker, Stephen I. Collahan. Campen.
Fourth District.-Charles P. Daly, Samuel B. Mr. FOLGER moved that the Convention do 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 Fifth District.–Nathaniel Jarvis, Jr., Elbridge chair to count the votes. T. Gerry, Henry Rogers, Norman Stratton. Mr. STRONG-I would prefer, as there is but
Sicth District.-Frederick W. Loew, Gideon J. one candidate, that he should be elected by acclaTucker, Magnus Gross.
mation. Seventh District. --Samuel J. Tilden, Edwards The CHAIR–The statute requires that the Pierrepont, James Brooks, Anthony L. Robertson president shall be elected by ballot.
Eighth District.- Richard L. Larremore, Claudius Mr. STRONG-I withdraw my motion. L. Monell, William Hitchman.
Mr. J. BROOKS-Before we proceed to an Ninth District.-- Abraham B. Conger, Abraham election by ballot for the President of this Con. B. Tappan, Robert Cochran. William H. Morris. veution, I ain requested by some of my fellow
Tenth District.— William H. Houston, Clinton V. members to say a few words. The minority of R. Ludington, Gideon Wales.
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.
lished at its last session, deemed it wise to present Twelfth District.-John M. Francis, Jonathan P. no particular candidate to this body. This ConvenArmstrong, Cornelius L. Allen, Adolphus F. tion has assembled for an important objectHitchcock.
namely to revise the organic law of this State. Thirteenth District.- Erastus Corning, William Looking to the proceedings of the Legislature, we Cassidy, James Roy.
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. teen Republican and sixteen Democratic members More.
throughout the State at large, and thereby gave Fifteenth District.-Alembert Pond, Hezekiah an admonition, if they did not establish a prece Baker, Judson S. Landon, Horace E. Smith. dent, which seemed to justify us, or at least to
Sixteenth District.—George M. Beckwith, Mat- suggest to us that this Constitutional Conven thew Hale, Nathan G. Axtell, Andrew J. Cheri- tion, about to assemble for the formation of ou
great organic law, should not be organized fo
party purposes or for party organization ; and | Erastus Corning, .
1 body should select its own men for officers, yet. C. P. Daly,..
1 is matter of regret to us that in a Constitu- George Law,..
1 tical Convention, which has met to form the Gideon J. Tucker,..
1 zaie law that shall govern this State, the Edwards Pierrepont,
1 resisting officer should go into the chair so Marshall B. Champlain, .
1 and down by party ties and party obligations Allen Potter,...
1 not to feel himself absolved from the party William A. Wheeler having received a major het created him, and respect the views of the ity of the votes of the Convention, the Chair abority represented on the floor of this house. announced that he was duly elected President And we have apprehended with fear, and we cer- of the Convention, and appointed Messrs. Harris tely have a perfect right to fear, from what we and Murphy a committee to conduct the Presibare read in this morning's papers of the action dent elect to the chair. of a wdy that met elsewhere, that the action of On taking his seat the President said: tas Convention in selecting a presiding officer GENTLEMEN OF THE CONVENTION :-With a
l 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 disje rights which the minority ought always to charge of the duties to which, by your ballots, bate
, not only in a legislative body, but more espe you have assigned me, encouraged, nevertheless, air in a body like this, whose action will establish by the conviction that honest efforts faithfully x fature time the great organic law of this Slate. and impartially to administer the trust, will secure and we have the more regretted it, not only that to me a just degree of forbearauce and supthey have elected all the other officers, but par-port. We are, in the history of our State, the fifth tralarly one officer in the same manner, who is body convened at the command of its sovereign has beI will not say. the recording angel of this people for the especial consideration of its fundakedp-bat who is to take down every word we mental law. We are to review, and seek better to war for the future consideration of those who adapt to the demands of our lime, the work of Day came 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 stenxgrapher of this body, if not the recording into their labors, as many others of a later period and should in the spirit of equity and justice whose names gild our historic page, and to all Jika a record which will be free to all and just of whose combined patriotism and wisdom wo
And though we have no doubt that the are indebted for the imperial and priceless hericer they have selected will do his duty in jus. tage we enjoy. To remold the organic law of the a to all, from his high professional reputation, first Commonwealth of the world, Empire in name as we have deeply regretted that his selection by and Empire in fact, in which law are to rest the
parts should seem to place him under any guarantees and safeguards of the rights, the patrolligations whatsoever, that would make his interests and the welfare of our present and and more favorable to one side than it would future millions of people, is a task challenging
to the other, in a minority ir. this body. I our best efforts and our highest wisdom. Of the bare dened it proper to make these few brief work confided to us, I will not detain you to speak Terzarta 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 desnation of the majority, but in explanation of of that system of public works so closely interDecourse that we have taken, and as a justification woven with our growth and prosperity, which that course to our people throughout this state. has stimulated as well our own as the agri
The notion of Mr. Folger was then put to the culture of the great West, which has created e the Convention, and was declared car- cities and villages, and made vast contributions
to our internal and foreign commerce—the reguIts Chair appointed as tellers, Mr. Curtis of lation and government of our State institutions Boad, and Mr. Cassidy of Albany. and multiform corporations, municipal and other The Convention proceeded to vote for President –a wise, just and economic adjustinent of State and the Chair announced the result as follows : finance-the conferring of such legislative pow. The whole number of votes cast was 149, of ers as shall insure honest and general legislation,
and an improved system of Judiciary which shall Filam A. Wheeler, received,
100 supply efficient remedy and prompt redress for
9 every violation of the rights of person or prop5 lerty. But, gentlemen, let us not forget that it is
incs C. Murphy, Amaia J. Parker,