"In giving a construction to these provisions we are not embarrassed by consideration of the official rank of the parties whose views 'may chance to differ in respect to their respective rights and obligations. The Comptroller is, in official station at least, the equal of a Canal Commissioner." better to wait, as we are waiting in these unless so countersigned. [1 R. S., 170, § 1, subd. various cases, for the reports of committees. 9, § 4.] When they shall have examined these things critically and carefully, from one end to the other, and when shall they bring them up in the body of this house, and we take them up in parliamentary order, in Committee of the Whole, I shall be very happy to cross lances with the gentleman from Westchester, [Mr. Greeley], if we shall disagree, or to march arm in arm with him (I hope not either of us weeping) on to the result of the Convention's labors. The opinion then goes on at some length to show the authority of the Auditor in such cases, and then says: his ге "The same duty is imposed upon the Auditor Mr. SCHOONMAKER-I desire to say a word by the law of 1848, not only in general terms, with regard to the propriety of the original but the language of the Revised Statutes, above reference to the Commissioners of the Canal quoted, is copied into the eleventh and twelfth Fund and the propriety of returning this com- sections of the act. [Laws of 1848, supra.] He in power munication to them. I do not desire to enter is Secretary, ex officio, of the two Canal Boards; The gentleman in all other respects, into the general discussion. from Westchester [Mr. Greeley] moved to return spect to the canals are the same as those forthis report to the Commissioners of the Canal merly vested in the Comptroller. He is the custoFund, because they have referred the Convention dian of all papers pertaining to the duties of the to the Auditor. That question of the status of boards above mentioned. The Canal Commissionthe Auditor has been a matter of discussion and ers and their subordinates account to him, the decision in the Court of Appeals. Some years ago superintendents are to be removed when he is the Auditor refused to pay a draft drawn upon him by the Canal Commissioners, on the ground that there was no authority of law for drawing the draft on him. The Auditor refused to pay the draft, and the Supreme Court granted a mandamus It was first granted at to compel him to pay. the Special Term, and an appeal was taken to the General Term, and the order for mandamus was affirmed. The Auditor then took the appeal to the Court of Appeals, and the question of the status of the Auditor and the authority of the Auditor came directly in question before that court. I quote the language of the court in the case as reported in 13 N. Y. Reports, p. 241. "GARDINER, Ch. J. The demurrer was sustained and a peremptory mandamus awarded upon the grounds insisted upon by the relator, first: That the powers of the Auditor are strictly ministerial; that the draft being in the proper form, he had no discretion in the premises, but was bound to issue his warrant for its payment without the right to inquire as to the authority of the commissioner, or to act upon his own knowledge, that that officer, in making the draft, had transcended his powers. And secondly, upon the ground that the facts alleged in the return were insufficient to establish a want of jurisdiction in the commissioner. diastisfied with their accounts, and the payments There, sir, we have a case decided, showing clearly that the Auditor is virtually the head of the canal department. Mr. CONGER-Without undertaking to question what the effect and purport of the decision of the Court of Appeals was in that case; it is still very clear that the question there was not one between the Auditor and the Commissioners of the Canal Fund, but was between the Auditor and the Comptroller, who is the financial officer take charge of the of the State, vested with certain powers under It is well the law of 1848, to canals, draw drafts and the like. understood, that while the Constitution intended the body that the custody of the Canal Funds, as such, should be devolved upon designated in the Constitution as the Commissioners of the Canal Fund; yet there was a modificaIn 1848 the Legislature provided for the ap- tion of the Constitution which gave to the. pointment of an Auditor of the Canal Department, Legislature the power to prescribe the duty of all and transferred to him the powers, and imposed these several officers, and it is well known that upon him the duties in relation to the canals origi- in 1848, on a strenuous effort being made, the nally exercised and devolved upon the Comp- whole fiscal power with regard to the canals, was troller, with a single exception. [Laws of 1848, transferred from the Comptroller to the Auditor, 271, § 1, 2.] It was the duty of the Comptroller, who had heretofore been the clerk. I beg leave prior to the passage of this law, to superintend to draw the attention of the gentleman from the fiscal concerns of the State; to draw warrants Ulster [Mr. Schoonmaker], to that provision of law on the Treasurer for the payment of all moneys which has not been repealed, and which does not directed by law to be paid out of the treasury; gainsay or come within the purview of that decision, but no warrant could be drawn unless authorized he has just read. That section of the law is as folby law, and every warrant must refer to the law lows: under which it was drawn. He was to counter § 27. "As soon as possible after the close of each sign and enter all checks drawn by the Treasurer, fiscal year, the said Auditor shall submit to the and all receipts for money paid to the Treasurer; Commissioners of the Canal Fund, a statement of and no such receipts were evidence of payment the receipts and payments on account of the canals and the canal debt, and the balances of the peculiar functionary who is to give us this inforfunds on hand, the depositories of the same, and the conditions thereof, which statement shall accompany the annual report of the said Commissioners to the Legislature." mation. The Constitution says the Commissioners of the Canal Fund; the law says the Commissioners of the Canal Fund. This is not, as I said before, a conflict between the Auditor and the ComptrolIt is very clear, sir, whatever the duties of the ler, or a conflict to be settled by the law of 1848, Auditor were with regard to preparing any of the but it is a conflict now, here on this floor, whether business, they were to be submitted as a part of we shall supersede the functions recognized by the report of the Commissioners of the Canal the Constitution and the law, as inherent in the Fund to the Legislature, and therefore I think Commissioners of the Canal Fund, and set them that my associate from Westchester Mr. Greeley] aside and ask this information from the Auditor. was right in seeking to get the information he I certainly hope, whatever may be done as to the wanted from the Commissioners of the Canal obtaining of the information sought for at an early Fund, and I think that the gentleman from Orleans date, we will not, in the face of all these facts and [Mr. Church], who is now absent, was right when the authority I have quoted (and which I think he moved to amend the original resolution, settles the question beyond a peradventure or a so that the information should come from doubt), undertake to say we will recognize the the proper custodians of that information. Auditor as the only person who can give us It is true, the Auditor might furuish the proper information, as to the whole history it to them; but as they are responsible by law to of the debt, resources and expenditures of the the Legislature, for the transmission of that canal fund. I am Mr. CONGER-I will, with the permission of the gentleman from Westchester [Mr. Greeley], and if he will accept the modification, I move to amend as follows: "That the report be returned to the Commissioners of the Canal Fund, with the request that at an early a day as possible, they furnish directly to this Convention, all the statistics called for." information; so I contend, under the Constitution The PRESIDENT-Does the Chair understand which is now operative, we are to regard the gentleman from Rockland [Mr. Conger], to the Commissioners of the Canal Fund as the propose an amendment? sole depositaries of that information, and we have a right to call upon them; and I do not think it is very fair, that they should undertake to put off the information and ask us to wait until the Auditor reports. I think it is right and proper that that Board should have obtained the information called for by the resolution of the gentleman from Westchester [Mr. Greeley], or to have referred it to us. Mr. GREELEY-I will accept that amendment. not prepared to go as far as the gentleman from Mr. SCHOONMAKER-I think the gentleman Westchester [Mr. Greeley] does, in saying that from Rockland [Mr. Conger] will find, by refer the Commissioners of the Canal Fund are guilty ring to the law of 1861, that the financial reports of evasion and effrontery to this Convention in which were formerly made by the Auditor to the not responding, because there is an admitted dif- Commissioner of the Canal Fund, are now ficulty, owing to the conflict of powers, generated directed to be made directly to the Legisla by the law of 1848. I am willing, if the gentle-ture, and, I think he will further find, by man from Westchester [Mr. Greeley] will consent the law of 1848 (I have not that law at hand), to modify his proposition in this way, that the that that self-same law makes the Auditor the report be referred back to the Commissioners of the Canal Fund, with the request that at an early day as practicable they will furnish directly to this Convention all the statistics required in the resolution, to go for it. Mr. ALVORD-Will the gentleman allow me to interrupt him for a single moment? Mr. CONGER-Certainly. Mr. ALVORD-My best recollection about this matter, and I think I am not mistaken, is that since that date, this very law which the gentleman last quoted here, has been altered, in requir ing that duty to be performed by the Auditor, and that the Commissioners do not now report to the Legislature. custodian of all the papers belonging to the Commissioners of the Canal Fund; and it declares that after the 31st of October, subsequent to the passage of that law, all accounts formerly kept by the Commissioners of the Canal Fund shall be kept by the Auditor when those documents and papers are in his possession, and those accounts are to be kept by him, not as Secretary of the Commissioners of the Canal Fund, but as Auditor. He is simply, ex officio, Secretary of the Commissioners of the Canal Fund. Mr. GREELEY-I move that this subject be laid over until next Tuesday. The question was then put, on the motion of Mr. Greeley, to postpone, and it was declared carried. Mr. VEEDER-I offer the following resolu tion for reference. The SECRETARY proceeded to read the resolution, as follows: Mr. CONGER-I still think the gentleman is in error. Why, in the last edition of the Revised Statutes, should that provision stand as unrepealed, unless the repeal has taken place within a very few years, or within the last year. On the contrary, I think the honorable gentleman from Resolved, That the Committee on the Right of Onondaga [Mr. Alvord] will admit, that every re- Suffrage are respectfully requested to consider the port submitted to the Legislature for the last few propriety of incorporating in the Constitution a years, as presented by the Commissioners of the provision authorizing the women in this State who Canal Fund, has contained this very information-now are or hereafter may become citizens therecompiled, it may be, by the Auditor. Now, Mr. of, to exercise the elective franchise when they President, I am not disposed to stickle about the shall have attained the age of twenty-one years, and generally to enjoy all the rights and privileges of male citizens thereof. Which was referred to the Committee on the Right of Suffrage. Mr. COOKE, moved to take up a resolution offered by him on Tuesday last. the gentleman from Rensselaer [Mr. Francis], which was referred to the Committee on Cities, in reference to providing a constitutional provisiou to prevent towns from bonding themselves to build railroads, and I desire to make a motion to reconsider the vote by which that reference was or The SECRETARY proceeded to read the resolu-dered. and to have the resolution referred to the tion as follows: Resolved, That the several county clerks in this State be required to furnish to this Convention a statement showing: 1. The aggregate number of days' session of the Circuit Courts and Courts of Oyer and Terminer, in their respective counties during the year 1866. 2. The aggregate number of days' session of the General Term of the Supreme Court in their respective counties in the same year. Committee on the Powers and Duties of the Legislature. I ask a unanimous consent, at the present time, to have that motion considered now. Mr. ALVORD-I think that the parliamentary way to reach what the gentleman [Mr. Burrill] desires, would be to move to discharge the Committee on Cities from the further consideration of the resolution, and that it be referred to the Committee on the Powers and Duties of the Legisla ture. 3. The whole number of civil actions for libel, Mr. WEED-I understand that the resolution slander, assault and battery, and malicious prose-referred to was not referred to the Committee on cution, tried in such counties respectively. during Cities, but to the Committee on Towns and the same year, and the aggregate amount of the recoveries therein. 4. The number of causes, originating in Justices' Courts, in which the amount in controversy did not exceed fifty dollars, carried to the Supreme Court by appeal during the same year. Counties. Mr. FRANCIS-The resolution was referred to the Committee on Towns, Counties and Villages, and I assent to the motion of the gentleman from New York [Mr. Burrill], that it be referred as he proposed, and I hope the motion will prevail. Mr. ANDREWS-Mr. President, a resolution The question was then put on the motion of embracing inquiries of a similar character to the Mr. Burrill to discharge the Committee on Towns one which has just been read, was yesterday re-and Counties from the further consideration of ferred by the Convention to the Committee on the Judiciary, and I suggest that but one inquiry should be made of the various county clerks, embracing all the information required on the several subjects stated and that such a resolution should be prepared by the Judiciary Committee; to that end I would suggest the reference also of this resolution to that committee. resolution referred to, and to refer it to the Committee on the Powers and Duties of the Legislature, and it was declared carried. Mr. ROBERTSON offered the following resolution: Which was referred to the Committee on the Preamble and Bill of Rights. Mr. SMITH-I desire to call up the resolution offered by myself on Wednesday in relation to the disfranchisement of persons who sell their votes. Resolved, That the Committee on the Preamble and Bill of Rights be requested to inquire into and report upon the expediency of amending Mr. COOKE-I hope that reference will not be article six, section one of the Constitution, by made. The gentlemen from Onondaga [Mr. excepting from the exemption of an accused Andrews] is mistaken with regard to the pur-person from testifying, against himself-cases in port of the resolution offered and referred to the which he shall be offered as a witness on his own Committee on the Judiciary yesterday. It was behalf. for an entirely different purpose from this one. This one calls for certain information which ought | to be spread before this Convention; it is information that ought to be in the possession of every member who will be called upon to act upon the question of the re-organization of the judiciary of the State. I have no doubt of the ability of the Committee on the Judiciary to perfect an excellent plan for re-organizing the courts of the State, but yet it is hardly possible that any report they may make will embrace the views of the hundred lawyers of this Convention; and it is probable that whatever report they submit to this Convention will undergo a severe scrutiny and extensive discussion. The information, called for by this resolution, is designed to aid the Convention in determining whether or not the report of the Committee on Judiciary shall be finally adopted, or what plan shall be devised for re-organizing the judiciary. It is true the information obtained will be referred to the Committee on Judiciary, but I claim that the information received should not be confined to the Committee on the Judiciary, but should be laid before the Convention. The question was then put upon the resolution and it was declared adopted. Mr. BURRILL-A resolution was offered by The PRESIDENT-The Chair is informed that the resolution referred to by the gentleman was lost, and the motion should be rather to reconsider the vote by which it was lost. The resolution was then read, as follows: Resolved, That the Committee on the Right of Suffrage and qualifications to hold office, be instructed to inquire into the expediency of reporting a constitutional provision permanently excluding from the rights of the elective franchise all persons who may be convicted by a court of record of having received money or other valuable thing, to influence or reward their vote, and to make the offense, with or without such conviction, a cause of challenge and disfranchisement at the polls. Also the pending amendment of Mr. Seaver, to insert after the words "having received," the words "or who have paid or offered to pay." The PRESIDENT announced the question to be on the motion to reconsider. Mr. FIELD-I rise to a point of order, that a motion to reconsider cannot be considered without one day's notice. Mr. BICKFORD-I wish to call up a resolution offered by me and laid on the table, and which will be found on page ninety-four of the The PRESIDENT -The Chair is informed that journal, allowing native born male citizens of this the motion was made somo days since. I Mr. SMITH-I do not desire to dicuss the question involved in this resolution to-day. desire simply to state, my object in offering it is to get it before the proper committee so that their attention shall be called to the evil aimed at by that resolution, and the committee have it for their consideration, and to have them report upon it. I believe there is no question that will come before this body for its consideration more important than the question of the purity of the elective franchise, and providing some remedy for the grave evil that now exists. Therefore, it is, that I desire that the committees shall have this question before them for consideration, and at a proper time to submit a report, to enable the subject to be discussed before this body. The question was then put on the motion to reconsider, and it was declared carried. The question then recurred on the adoption of the resolution. The PRESIDENT-Did the Chair understand the gentleman from Fulton [Mr. Smith] to have accepted the amendment proposed by the gentleman from Franklin [Mr. Seaver]. Mr. SMITH-I did not. The resolution as printed is not as it was written and read. The PRESIDENT-Then the question will recur on the amendment of the gentleman from Franklin [Mr. Seaver]. Mr. VERPLANCK-I desire to further amend by striking out the words "with or without such conviction." State, between the ages of eighteen and twentyone years to vote. The SECRETARY read the resolution in words as follows: Resolved, That Committee No. 4 on the Right of Suffrage, be instructed to inquire and report as to the expediency and propriety of extending the elective franchise to native-born male citizens of this State between the ages of 18 and 21 years. Mr. BICKFORD-I move to strike out the words " and report. " There being no objection, the resolution was amended as requested by the mover. Mr. L. W. RUSSELL-The Committee on the Right of Suffrage, have such a resolution before them now. The question was then put on the resolution of Resolved, that it be referred to the Committee on the Organization, etc., of the Legislature, to consider the advisability of providing for the apportionment and election of members of the Legislature, substantially, in the following man ner. 1. To divide the State into eight legislative districts; the city and county of New York to constitute one district, the other seven districts to consist of the remaining portion of the State, and to contain, as nearly as practicable, without dividing any county, an equal number of representative inhabitants. 2. Each legislative district, except the disMr. MERRITT-I move that the resolution trict comprising the city and county of New with the amendments be referred to the Commit-York, to have four senators, to be elected by tee on the Right of Suffrage without further the electors of the whole district; the first four action of this body. to be elected at the next senatorial election, and Mr. SMITH-I hope that the amendment of to continue in office respectively, one, two, three the gentleman from Erie [Mr. Verplanck], will and four years, and thereafter, one senator to not prevail. The resolution proposes this in- be elected each year for the term of four years. quiry for the consideration of the committee-The district comprised of the city and county of whether upon conviction in a court of record, New York, to have such number of senators as a person who sells his vote shall not be perma- its representative population shall entitle it to on nently disfranchised. The last clause of the the basis or average ratio of representation in the resolution proposes this inquiry whether it other seven districts; these senators to be elected shall not be made a cause of challenge at in a similar manner as those of the other districts; the polls whether a person offering his vote but the full senatorial term in this district to conhas in fact trafficked in the elective franchise, sist of the same number of years as the district and if it shall be determined on that occasion by has of senators. the proper officers and inspectors of the election that he has sold his vote or received a reward for it whether he shall be disfranchised on that occasion, whether he has or has not been convicted. The object is to have an inquiry and examination on the part of an able committee of this body into this subject, and I hope they may have the whole matter before them without being restricted by any vote at present. The PRESIDENT-Will the gentleman from St. Lawrence [Mr. Merritt] state his motion. Mr. MERRITT-I move that the original resolution, with the pending amendments, be referred to the Committee on the Right of Suffrage. The question was put on the motion of Mr. Merritt, and it was declared carried. 3. The members of assembly to be elected for one year. Each legislative district except the first named, to have sixteen members of assembly, and the first named district, a proportionate number, reckoning as in the case of senators. 4. The members of assembly in each legislative district, to be elected by the electors of the whole district, and the election to be conducted in such manner as to enable each party or combination of votes to elect such share of the members elected in the district as it has of the whole vote of the district. Which was referred to the Committee on the Organization of the Legislature. Mr. VAN CAMPEN offered the following reso lution : Which was carried. Resolved, That the Committee on the Right of Suffrage be requested to inquire into the expediency of extending the right of suffrage to all Mr. PAIGE offered the following resolution: male Indians of the age of twenty-one years, Resolved, That Committee No. 4, on the Right residing in this State, who are able to read and of Suffrage and the Qualification to hold Office, write in the English language. Which was referred to the Committee on the be instructed to inquire into the expediency of Right of Suffrage. The question then recurred on the resolution as amended, and it was declared adopted. amending the Constitution by providing that Mr. REYNOLDS offered the following reso-every person elected to fill an elective office, shall, before he takes the oath of office, or enters luiton: Resolved, That the Committee on the Powers upon the discharge of its duties, take an oath and Duties of the Legislature, not otherwise re- that he has not directly or indirectly paid or ferred be requested to inquire into the expediency advanced any money or property to promote of so amending the Constitution, as to prohibit his election to such office, or agreed to do so; the legislature from passing any law, conferring and that on his refusal or omission to take such power upon the constituted authorities of any oath, his election to such office shall be void; and of the counties, towns, cities, or villages of this that in case such candidate shall be convicted of, State, to borrow money by the issue of bonds, or directly or indirectly advancing or paying after otherwise, or to contract debts in their corporate he shall have entered upon the discharge of the capacity, without first having obtained the requi- duties of such office, or after he shall have taken site power therefor, from the popular vote of the the oath last above mentioned to any person or persons, any money or property, as a payment communities to be affected thereby. to such person or persons, or indemnification for advancing money or property to promote his election to such office, such candidate shall forfeit such office, or the right to hold the same. Which was referred to the Committee on the Powers and the Duties of the Legislature not otherwise referred. Mr. HARRIS-Some ten days ago I offered a resolution calling for information in regard to the business of the Court of Appeals. It went over at the request of some gentlemen, and I now ask for its consideration. The SECRETARY proceeded to read the resolution as follows: 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 that court, distinguishing the years in which, and the districts from 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. Also the amendment by Mr. Robertson, by adding the following: Which was referred to the Committee on the Right of Suffrage. Mr. MERRITT moved that the Convention do now adjourn. Mr. SEAVER-I hope that the gentleman will withdraw the motion to allow me to offer a resolution of importance at this time. Mr. MERRITT withdrew the motion. Mr. SEAVER submitted the following report: The Committee on Printing to which was referred the following resolution, viz. : On motion of Mr. McDonald. Resolved, That this Convention hereby order eight hundred copies of the debates to be printed, and that it be referred to the Committee on Printing to report as to the proper disposition of the same. "And also the amount involved in each case where the matter in dispute be a sum of money.' Mr. ROBERTSON-I would state that the Clerk of the Court of Appeals has informed me that the examination suggested by my amend-placed upon the files by the Sergeant-at-Arms. ment would require so much time and labor that it would be hardly worth while to delay the inquiry to pursue it in the direction suggested by my amendment although germane to the subject I therefore withdraw my of the resolution. amendment. Respectfully recommend the adoption of the said resolution, and submits the following: Resolved, That one copy of the debates be Mr. BARKER offered the following amendment: The committee ask permission to make a further report as to the disposition of the remaining copies of the debates at some future day. J. J. SEAVER, Chairman. There being no objection made the Chair announced that the resolution would be considered now. Mr. CONGER moved that the resolution lie After the word "brought," the words "and on the table until the Convention take up the from what court the appeal was taken." Mr. HARRIS-I accept the amendment. Mr. PAIGE-Mr. Kernan proposed an amendment to the same resolution, if I recollect right. Mr. HARRIS-Mr. Kernan's amendment was accepted, and is incorporated in the resolution. Mr. RUMSEY offered the following amend ment: "And that he includes therein the number of cases decided by said court in each of the said years, which were entitled to a preference under the existing laws." 18 resolution on the same subject moved by Mr. Field. Which was lost. The question recurred on the resolution reported by the Committee on Printing, and it was declared adopted. Mr. AXTELL-I offer the following resolution aud ask its reference to the Committee on the Right of Suffrage. Before the resolution was read, on motion of Mr. Merritt, the Convention adjourned to Monday evening, at half-past seven o'clock. |