sire that every man should act upon his individual] Mr. FERRY-I am compelled, Mr. President, judgment. So much in answer to the suggestion to ask what is the pending question? not be adopted. I hope, if we are to have the previous question, we shall have it in the ordinary way, and it may be adopted by the majority; but I am against the previous question, and hope that we shall not have it at all. It will be as much of a tyranny for two-thirds to shut off the right of discussion to one-third, as if one-half should shut it off from the other half. I hope the amendment will not prevail. Mr. DEVELIN-Mr. President: I think, upon the reading of the first part of the proposed rule, the amendment proposed by the gentleman from Suffolk will be found to be entirely incongruous. The PRESIDENT - The Chair does not understand that there is any incongruity. Mr. DEVELIN order of motions. That rule provides for the made by the gentleman from Suffolk [Mr. Strong]. The PRESIDENT-The question pending beI am myself, to some degree, inexperienced in fore the Convention is the amendment of the genofficial public bodies although somewhat conver-tleman from Suffolk [Mr. Strong] to so amend the sant with the action of bodies unofficial; but to rule that it shall provide that the previous quesmy appreciation, there is nothing that this Con- tion shall not be sustained except upon a vote of vention more needs than discussion-than debate. two-thirds of the delegates present and voting. We are living under one of the best Constitutions Mr. HARRIS-I hope that the amendment will that God ever gave to man for his government. We have come together to see what changes shall be made in that Constitution. We have come together when the people of this State have, to no very great degree, marked out the form of any changes that shall be made in the Constitution. They have sent us here rather to find out what changes should be made, and in what order, and in what form those changes should be put, and for the purpose of making such changes, we need the views of every man elected to this body, and I would not stifle the expression of any man's views who has the honor of a seat upon this floor It is to be presumed that every man who has been sent here has come here with the confidence of a portion of the people of this State, and if he desires to express the opinion that he entertains, for anything that I now know, I would give the fullest freedom to the expression of his sentiments. I believe that every gentleman who has come here has been a member of either one or the other of the great political parties of this State, and so far as we are members of these parties, my belief is that no great differences of opinion will prevail in respect to the instructive nature of the statements made. I expect as much benefit from the expression of views of gentlemen who have acted with the Democratic party heretofore, as from gentlemen who have acted with the Republican party. It is not the Democratic party that I fear in this Convention-what is to be feared is hasty action action not sufficiently considerate, whether it come from one party or the other, and if there is any way to avoid hasty and inconsiderate action I hope it may be adopted. The PRESIDENT then stated that the pending question was on the amendment of Mr. Strong, which provided that the previous question should not be ordered, except on a two-thirds vote. Mr. SHERMAN-Before the vote is taken, I wish to make a remark having some practical bearing on this subject. It has been stated in this debate that a sufficient substitute for the previous question might be found in bringing the debate to a close at a certain hour. The difficulty is, that a motion of that kind is not a privileged question, and could not be sustained, except by a unanimous vote. Mr. E. BROOKS-The answer to that is that we are about to adopt a rule by which we can change any rule upon one day's notice. Mr. SHERMAN-Yes, by the consent of a majority of all the members. Mr. DEVELIN-Will the President instruct the Secretary to read the entire rule as printed with the heading? The Secretary proceeded to read the rule as requested. The PRESIDENT-Will the gentleman from Suffolk send his amendment up in writing? Mr. ROBERTSON-It is very evident that this Mr. HITCHMAN-I wish to say a word which amendment, if adopted at all, should be inserted I think will relieve this whole matter of any em- in rule 29, as rule 23 is a mere sketching of the barrassment. The gentleman from Kings holds order of proceedings of the convention. I therean amendment which will cover the difficulty. fore propose, if in order, that we postpone the THE PRESIDENT -The amendment suggest-consideration of rule 23 until after the consideraed by the gentleman, not having been offered, the Chair cannot take cognizance of it. Mr. STRONG-The purpose of my amendment is, that a motion for the previous question cannot be sustained except upon a vote of two-thirds of those present and voting. tion of rule 29. Mr. POND-I would suggest that the amendment would properly come in as an amendment to rule 24, and more properly than to rule 29. Rule 24 is this: "Every motion or resolution to adjourn for the day, for the previous question, and to lay on the table, shall be decided without amendment or debate. After that it may be inserted that the Mr. SHERMAN-I would suggest to the gen-previous question shall not be adopted without a tleman from Suffolk [Mr. Strong] that the proper vote of two-thirds of those present and voting. place for his amendment would be under Rule 29. It comes in rather awkwardly at this point. Mr. ROGERS—On that I call for the ayes and noes. Mr. ROGERS-On that, Mr. President, I call for the ayes and noes. Not a sufficient number of members seconding the call, the ayes and noes were not ordered. Tho PRESIDENT- The question will be taken on the motion of the gentleman from New York | [Mr. Robertson], as amended by the gentleman from Saratoga [Mr. Pond]. Mr. VEEDER-I do not understand that a motion to postpone is amendable. The PRESIDENT-A motion to postpone to a definite period-say until after the consideration of Rule 29-is amendable in the opinion of the Chait. Mr. SMITH moved to amend by striking out the words "or the previous question." Mr. SPENCER moved to postpone the consideration of Rule 24 until after the Convention should have considered Rule 29, which was carried. Rules 25 and 26 as reported were read by the Secretary, and there being no objection thereto, they were declared adopted. Mr. TILDEN—The only proper place in which to consider any motion to regulate the previous question is under Rule 29. That is substantively the provision in respect to this matter, and whether it be decided by the Convention to strike out the Rule, or to retain it in some modified form, or in Rule 28 was then read by the Secretary. some regular form, that is the proper place for the Mr. STRONG-I move that the following consideration of the question. The 24th Rule, as words be stricken out of the rule as read. "Nor well as the 23d, is a mere regulation of the order unless moved by one who shall have voted in the of priority in which certain business shall be done, majority." I am aware that a rule of this kind has and it does not touch the substance of the ques- existed in Congress for a number of years, and has tion now under discussion. I, therefore, have also existed in the House of Assembly. I have thought my friend from New York, [Mr. Robert- felt by experience the inconvenience of that rule son.] quite right in moving to postpone the con- in Congress during two sessions of that body. I sideration of Rule 23, and then when we reach have found that persons who were opposed to the Rule 24 that that should be postponed until the action of the majority have nevertheless voted whole matter may come up regularly in the con- with the majority against their conscientious consideration of Rule 29. When we come to consider victions, for the purpose of being able to move a that, my venerable and excellent friend from Suf- reconsideration. It seems to me that a motion ffolk [Mr. Strong], may propose his amendment for a reconsideration should be made by any deleregularly as to the mode in which the previous gate in the Convention, and that it is the privilege question can be seconded. It will then be for belonging to each delegate which should be exerthe Convention to decide between the proposi-cised by one in the minority as well as one in the tions now being debated before it-the one whether majority. I have never discovered any instance the previous question shall be retained, requiring in any body to which I have belonged where a a larger vote than a majority to order it, or the member could not be prevailed upon to vote other, whether we shall defer the previous question altogether until experience shall have developed some necessity for its existence. For myself, I do not feel much solicitude as to which course shall be taken. I have no recollection that, in the Convention of 1846, although we had the previous question, we had occasion to resort to it, and cer- The question was put ou the amendment of Mr. tainly, if at all, very rarely. But, inasmuch as Strong, and it was declared carried by a vote of there is a facility to amend these rules, almost ex-63 ayes to 56 noes. treme in its character, I am almost inclined to agree Mr. WEED-I move to further amend by insertwith the gentleman from Albany [Mr. Harris] and ing after the word "day," in the third line, the with the gentleman from Queens [Mr. S. Town- words "on which a session of this Convention send] in thinking that we might as well leave the shall be held." As the section now reads, under question whether or not we shall have the previons the construction given in this State to a legisla question, to be determined by future experience. [tive day, a motion made on Saturday can not be If it were the proposition to commit ourselves reconsidered on Monday. When the word was finally and absolutely to the conclusion that we originally incorporated in the rule it was intended would not vote in any instance to have the pre- to cover a day upon which the Legislature had a vious question, I should be inclined to a different opinion. Mr. MERRITT -For the purpose of saving time I think we had better consider Rule 29, and I ask unanimous consent that we now proceed to its consideration. against his opinion, and pretty generally there has been an ability to persuade some one in the majority to vote to move for a reconsideration. I think we had better reserve the privilege to each delegate to the Convention than to have the same thing accomplished by indirect action. session. But some few years ago the AttorneyGeneral of this State decided that the Sabbath day was a legislative day, because the Legislature in session had a right to sit upon that day, and as will be readily seen, the use of the word originally in the rule, has been so changed that a motion or Mr. ROGERS-I would like to know, Mr. Pre-action of this House on Saturday cannot be reconsident, what Rule 29 is? The Secretary proceeded to read Rule 29 reported by the Committee. Mr. ROGERS-I object. sidered on Monday if this rule were strictly as enforced, because the motion to reconsider was not made on the next preceding legislative day, which was Sunday. I desire to call the attention of every member of this Convention to the object of the rule, it being that at the next session of this Convention, a motion may be made to reconsider any error or inaccuracy in the action of the The PRESIDENT-Objection being made the question will recur on the motion of the gentle man from Saratoga [Mr. Pond] to amend the motion of the gentleman from New York [Mr. on that the consideration of Rule 23 be Convention. postponed until after the consideration of Rule 24. The question was put on the motion of Mr. Pond, and it was declared carried. Rule 24, as reported by the Committee was then read by the Secretary. Mr. TILDEN This rule is doubtless well adapted to the House of Assembly, where there are a great many questions of very great impor tance to be acted upon. But in a great body of this kind, where there are comparatively few questions, and where it is expedient to allow the widest lati- Mr. MERRITT-I do not desire to detain gentude for discussion and consideration, where tlemen with any extended remarks; but it seems there is not sitting another body to be a check to have been conceded by the opponents of the upon its proceedings, and where there does exist previous question that a contingency may arise no veto power on the part of the executive, it is worthy of consideration whether a more liberal rule with regard to the question of reconsideration of our action, should not prevail. In my judgment, the chief danger to be apprehended here will be that we may pass upon questions of grave importance to our constituents, too hastily, too rapidly, with too little consideration. In the Convention of 1846, the rule that prevailed was as follows: where it may be necessary. It has also been admitted by a member of the convention of 1846, the eminent gentleman before me [Mr. Tildenj that in that convention its exercise was not necessary. With the spirit prevailing in this convention, I think there is no danger growing out of its incorporation in the rules. Whenever the time for its exercise shall come, it is proper that we should have the power to exercise it. When I say “we” I mean the majority upon any question which comes up; and I do not speak of it in any party sense at all. I am therefore in favor of the adoption of this rule as it now stands, and I may be allowed to express the hope that there will never be any occasion for its exercise. "A motion for reconsideration shall be in order at any time, and may be moved by any member of the Convention, but the question shall not be taken on the motion to reconsider, on the same day on which the decision proposed to be reconsidered shall take place, unless by unanimous Mr. STRONG-I believe that the previous vote consent; and a motion to reconsider being once was, that the amendmeut which I offered to put and lost, shall not be renewed, nor shall any the 4th sub-division of the rule should be laid subject be a second time reconsidered without the over until this time. I move that there be now consent of the Convention. If the motion to re-inserted, immediately after the word "affirmative," consider shall not be made on the same day or the on the 2d line of rule 29, the words "by the vote day after that on which the decision proposed to of two-thirds of the members present and voting." be reconsidered was made, three days' notice of Mr. BICKFORD-I will merely say that my the intention to make the motion shall be given." object in moving to strike out the 29th rule is twoYou will perceive sir, and the Convention will fold. First, That we may, if we desire, insert perceive that this rule is in favor of reconsideration some other rule in its place, this being cleared by a single body exercising far greater powers, away; and, in the second place, that we may for and acting on fewer subjects than is common with the present attempt to get along without the legislative bodies. This subject has attracted my previous question, having power at any time we attention so hastily that I have not had much op-wish, to adopt it, if we find it necessary for the portunity to consider it, but I am inclined to a dispatch of business. I suppose the whole of more liberal rule on this subject, and for the pur- this rule may be spared. pose of bringing it before the attention of the Convention, I will move it as a substitute for the rule I have read for rule 28 now under consideration. Mr. WEED - For the purpose of bringing the substitute squarely before this body, I withdraw my amendment. The question was then put on the motion for the substitute of Mr. Tilden, and it was declared carried. The question then recurred on the 28th rule as amended by the substitution of the rule offered by Mr. Tilden, and it was declared adopted. The question was then taken on the motion of Mr. Bickford to strike out the 29th rule, and the motion was declared carried by the following vote: Ayės-Messrs. Barto, Beadle, Beals, Beckwith. Bell, Bickford, Brooks. A. E. Brown, Burrill, Case, Cassidy, Champlain, Cheritree, Chesebro, Church, Clinton, Collahan, Comstock, Conger, Cooke, Cor· bett, Corning, Curtis, Daly, Develin, C. C. Dwight, Eddy, Ely, Endress, Ferry, Fowler, Garvin, Gould, Graves, Gross, Hale, Hardenburgh, Harris, Hatch, Hitchman, Hutchins, Kernan, Kinney, Larremore, Law, A. R. Lawrence, Livingston, Loew, Lowrey, Masten, Mattice, Merwin, Miller, Monell, More, Morris, Murphy, Nelson, Opdyke, Paige, A. J. Parker, C. E. Parker, President, Prosser, Reyn The SECRETARY then read the 29th rule. Mr. GERRY offered the following substituto : "The Convention may at any time, by a vote of a majority of all its members present and vot-olds, Robertson, Roy, Rogers, L. W. Russell, ing, limit the time which its members shall respectively occupy in the discussion of any motion or resolution, and the resolution to limit the time of debate, shall be deemed a privileged motion, and shall be decided without amendment or debate." The question was put on the amendment of Mr. Gerry, and it was declared lost. Mr. BICKFORD moved to strike out Rule 29 entirely. Mr. FLAGLER—I would ask the ayes and noes on the question, as I desire to be on the record against it. I think this debate demonstrates the necessity of having the previous question in this body. A sufficient number seconding the call for the ayes and noes, they were ordered. Schell, Schoonmaker, Seymour, Silvester, Smith, Noes-Messrs. A. F. Allen, C. L. Allen, Alvord, Mr. SHERMAN moved the following as a substitute for rule 19. Rule 19. The same rule shall be observed in Committee of the Whole, as in the Convention, as far as applicable, except that the yeas and nays shall not be taken on a division. The question was put on the motion of Mr. Sherman and it was declared carried. The question then recurred on the motion of Mr. Smith, to strike out sub-division 4 of Rule 23; which was carried. Mr. COOKE moved to strike out the words or the previous question." Mr. SMITH—There is a motion pending to that effect. I offered such a motion myself. move that they be included in the subdivision of the rule. The question was put on the motion of Mr. Larremore, and it was declared carried. Mr. RUMSEY offered the following amendment: Insert at the end of subdivision 7 of rule 33, the words: "By name on a special vote." Mr. RUMSEY-My object in offering the amendment is this. Congress has returned thanks, by a general vote, to the officers of the army, and without that amendment, all officers of the army would be entitled to the privileges of the floor. The question was put on the amendment of Mr. Rumsey, and it was declared carried. The question was then put on the amendment Mr. COOKE-Then I withdraw the motion. The question was then put on the motion of Mr. Smith to strike out the words "for the pre-offered by Mr. Silvester as subdivision 8, relative vious question," in rule 24, and it was declared carried. The SECRETARY then proceeded to read rule 30. Mr. WEED—I would suggest that rules 19, 23 and 24, having been amended, should be adopted by the Convention. to persons entitled to the privileges of the floor, and it was declared lost. The question ther recurred on the rule as amended by adding subdivision 8, providing for the admission of Judges and ex-Judges of the Court of Appeals, and members of the two former Constitutional Conventions of this State, to the The PRESIDENT-If there is no objection privileges of this floor, and it was declared they will be considered as adopted. Mr. FIELD—I move the following amendment to rule 24. adopted. The question then recurred on the adoption of the rule as amended on motion of Mr. Rumsey, by The PRESIDENT-Rule 24 having been adopt-adding at the end of subdivision 7 the words, ed, it is hardly in order to move to adopt it. Mr. FIELD moved a reconsideration of the decision adopting Rule 24. Which was lost. The Secretary then read Rules 30, 31 and 32, and there being no objections thereto they were declared adopted. The SECRETARY then proceeded to read Rule 33. Mr. SILVESTER offered the following amend ment. "by name on a special vote," and it was declared to be adopted. Mr. SILVESTER offered the following amendment, add as subdivision 9 of Rule 33, the following: "Ladies; but the privilege of ladies to such admission to cease whenever the sofas upon the floor are filled." The question was put, on the amendment of Mr. Silvester, and it was declared to be lost. The question was then put on the adoption of rule 33, as amended, and it was declared adopted. The President announced the reception of the following communication from the Comptroller: STATE OF NEW YORK, COMPTROLLER'S OFFICE, } Add as the 8th sub-division the following: "Such person or persons as any member of the Convention may invite, but such privilege shall Hon. WILLIAM A. WHEELER, President of the Con cease whenever the sofas upon the floor are filled.' Mr. FIELD offered the following amendment to the amendment offered by Mr Silvester: "The President may daily issue cards of admission to not more than twenty persons, who shall be entitled to admission within the bar during that day." Which was lost. Mr. POND-The Convention adopted a motion the other day extending the privileges of the floor to the Judges of the Court of Appeals. I propose to add to subdivision 8. "the Judges of the Court of Appeals." Mr. T. W. DWIGHT-I would move to amend the amendment by adding the ex-Judges of the Court of Appeals. Mr. POND-I accept the amendment. The question was put on the amendment offered by Mr. Pond, and it was declared adopted. stitutional Convention. SIR: I have the honor to acknowledge the receipt of a Resolution of the Convention, adopted on the 11th inst., addressed to the Commissioners of the Canal Fund, and to state in reply, that it will be submitted for their consideration at the earliest day on which the Board can be convened. Very respectfully yours, THOMAS HILLHOUSE, Which was ordered to lie on the table and be printed. Mr. WEED-I ask for an indefinite leave of absence for Mr. Pierrepont. At his request I state as as a reason that he was engaged as counsel in the Surratt trial in Washington prior to his nomination to this Convention. He supposed that the trial would take place prior to the holding of the Convention, but it was adjourned until now. Mr. LARREMORE-A motion was adopted on the first day's session, extending the privileges of the floor to the members of the two former Con- No objection being offered the leave of absence stitutional Conventions of this State. I would was granted. The question then recurred on the adoption of Ruie 36 as amended and it was declared adopted. The SECRETARY then proceeded to read rule 37. Mr. FIELD moved to amend by striking out the words "within two days," and inserting in lieu thereof the words "next day." Mr. WEED—I have no objection to the amendment offered by the gentleman from Orleans, [Mr. Field], as I should like to have the journal put on our files on the second day, but if we get them on in six days under this rule it will be more promptly than I have ever known it to be done. The question was then put on the amendment of Mr. Field, and it was declared to be adopted. The question then recurred on the adoption of Rule 37 as amended, and it was declared adopted. The SECRETARY then proceeded to read rule 38, and there being no objection it was declared adopted. Mr. MERRITT—It strikes me that it would be a very proper subject for a resolution. The power can be exercised but once, and the Secretary who issues the order for stationery would find himself embarrassed except by the positive instructions of the Convention. I think, therefore, it should be a matter of resolution instead of being incorporated in the rules. Mr. ALVORD-I call the attention of the gentleman from Oneida [Mr. Sherman] and the Convention to the third section of the law which authorizes our assembling. They will find it is confined to members thereof, and it is very doubtful in my mind whether, either on the passage of the resolution, or by a rule adopted here, the Comptroller would feel himself bound to give stationery to any other persons than members. Mr. SHERMAN -As the matter will be referred to the Comptroller for him to decide, it is perhaps a subject which can be as well acted upon by resolution as by this rule. I have no objection to strike out the Rule 39, if it is desired. The question was then put, on the motion to strike out Rule 39, and it was declared carried. Mr. T. W. DWIGHT-I move to fill the blank occasioned by the striking out of Rule 39 with the words "when a blank is to be filled and different sums or times shall be proposed, the question shall first be taken on the highest sum or longest time," which is Rule 39 of the Assembly, and is of course necessary in disputed cases to get at the exact will of the body. Mr. FOLGER-That is already parliamentary law, and it raises a point which has occurred to me, whether these rules are to be our sole rules of order or whether we may refer back to what may be called the common law of parliamentary bodies. The rule proposed by the gentleman is already a part of the common law which governs every parliamentary body without written rules and therefore it is unnecessary unless some such rule is to prevail as this that these rules now written are to be the sole rules for our government. I might say that a good part of these rules is the Mr. CONGER-I would like to ask the chair- common law of parliamentary bodies, such as man of the Committee on Rules whether he has "the Speaker shall arise and address the Chair examined the question, how far, under the law before he shall be allowed to address the Convenconstituting this convention, we are authorized tion." Unless we are to be tied strictly to the rules and not allowed to go abroad in any emergency to consult the common law of parliamentary bodies, there is no necessity for the amendment offered by the gentleman [Mr. T. W. Dwight.] 39. The SECRETARY then proceeded to read rule to pass any such resolution as this, or adopt any such rule. Mr. SHERMAN-The language of the law as I remember it, is that the Comptroller shall furnish to the convention such file-boards, stationery and other like articles as are furnished for the use of the legislature. Among other articles furnished for the use of the legislature are stationery for the use of officers. The statute of 1853 provides that each officer shall have stationery furnished him. Mr. CONGER-I apprehend that the chairman of the committee is mistaken in the meaning of the law, which discriminates between stationery that may be allowed to the members to the extent of thirty dollars, and the furnishing of such other matter as is customary for the use of the House of Assembly and its officers. The rule would admit of the confusion of the two allowances, and for the purpose, of testing the sense of the Convention, I move that it be stricken out. Mr. T. W. DWIGHT-I am aware that a number of our rules are already a part of parliamentary law; but there is an advantage in having those rules directly before us in the printed manual, so that they can be easily referred to. This rule has already been failed to be acted upon during our proceedings to-day, which shows that the existence of the rule had escaped the attention of members, when the shortest time was put to vote rather than the longest. The question was put on the motion of Mr. Dwight, to insert the rule offered by him as Rule 39, and it was declared adopted. The Secretary, then proceeded to read Rule 40. Mr. M. H. LAWRENCE-Offered the following amendment: Strike out the words "elected to the Conven |