tutional oath of office by the President, and took into Committee of the Whole, he shall name a his seat. Chairman to preside therein.

On motion of Mr. SHERMAN, the Convention adjourned.

TUESDAY, JUNE 11, 1867. - The Convention met pursuant to adjournment. Prayer was offered by Rev. J. T. PEČK, D. D. The Journal of yesterday was read by the Secretary, and was approved.

Messrs. Francis Kernan and John E. Develin, Delegates duly elected, appeared in the Convention, were administered the Constitutional Oath of

office, and took their seats.

Cornelius S. Underwood, Henry A. Gledden and Edward W. Simmons, Assistant Secretaries, Ferdinand DeWigne, Librarian, and James Armstrong, James Tanner, C. V. Schram, David L. Shields, Herman Ruleson, Eugene L. Demers, John Pewit, and William McManus, Door keepers, were administered the Constitutional oath of office, by the President.

The PRESIDENT announced the appointment of Mr. Baker as a member of the Committee on rules in place of Mr. M. I. Townsend who had been excused from serving at his own request.

Mr. SHERMAN from the select Committee on Rules, submitted the report of the Committee.

Mr. SHERMAN-Before the report is read, I desire to state that the rules as agreed upon, are with a single exception, the unanimous report of the Committee, the one exception is that of the previous question. The rules are mainly those of the Assembly, with only such changes as are necessary to adapt them to the different class of business to be performed here. The rules of the Assembly, as far as my observation extends, are the best calculated for the fair transaction of business, of any rules in this country. I propose that the rules should be read at length, and then if it be the pleasure of the Convention, it proceed at once to consider them by sections. I would state further that a copy of the rules, as they were originally drafted, will be found upon the files of each member. Some changes have been made by the Committee which will be apparent to members, on reading.

The SECRETARY then read the report in words as follows:

CHAPTER I.

Of the Powers and Duties of the President. Rule 1. The President shall take the Chair each day at the hour appointed for the meeting of the session.

Of the Rights and Duties of Members. Rule 4. The President, or any member, when he shall be recognized in his place, may present, under the proper order of business, any paper of a respectful character, addressed to the Convention, and the same, unless the Convention shall otherwise order shall be referred to the appropriate committee.

Rule 5. Every member presenting a paper shall endorse the same; if a petition, memorial, remonstrance, or communication in answer to a call for information, with a concise statement of its subject, adding his name; if a notice or resolution, with his name; if the report of a committee, with a statement of its subject, the name of the committee and of the member making the report; if a proposition of any other kind for the consideration of the Convention, with a statement of its subject, the proposer's name, and the reference, if any, desired.

Rule 6. Every member who shall be within the per-bar of the Convention when a question shall be stated from the chair, shall vote thereon unless he be excused or be personally interested in the

Rule 2. He shall possess the powers and form the duties herein prescribed, viz.: 1. He shall preserve order and decorum. 2. He shall decide all questions of order sub-question. No member shall be obliged to vote on ject to appeal to the Convention. On every appeal he shall have the right, in his place, to assign his reasons for his decision.

3. He shall appoint all Committees, except where the Convention shall otherwise order.

4. He may substitute any member to perform the duties of the Chair for a period not exceeding two consecutive legislative days.

5. When the Convention shall be ready to go

any question unless within the bar when the question shall be put, but in the case of a division by yeas and nays, may vote, if present before the last name shall be called. The bar of the Convention shall be deemed to include only the floor of the Assembly Chamber and the open spaces adjacent thereto within the doors.

Rule 7. Any member desiring to be excused from voting, must make his request before the

roll call shall be commenced. He may then state on the General Orders may be made a Special concisely, without argument, his reasons for ask-Order for any particular day or from day to day, ing to be excused, and the question of excusing with the assent of two-thirds of the members shall be taken without debate.

Rule 9. Where a member shall have the floor

for any purpose, no member shall entertain any private discourse or pass between him and the Chair.

a

Rule 10. While the President shall be putting question, or a division by counting shall be had, no member shall leave his place, or speak, unless to make a privileged motion or state a question of privilege demanding immediate attention.

voting, and no Special Order shall be postponed
or rescinded except by a similar vote.
CHAPTER VIII.

Of the Committee of the Whole.

Rule 19. The same rules shall be observed in Committee of the Whole as in the Convention, as far as applicable, except that the previous question shall not apply nor shall the yeas and nays

be taken on a division.

Rule 20. A motion to rise and report progress shall be in order at any stage, and shall be decided without debate.

tee of the Whole in the order in which they shall Rule 21. Subjects shall be taken up in Commitstand on the General Orders, unless the Committee, by a two-thirds vote, shall, in any case, otherwise direct. The paper under consideration shall Rule 11. When a motion to adjourn, or for a re- otherwise order, and shall then be read and conbe first read at length, unless the Committee shall cess, shall be affirmatively determined, no mem-sidered by sections. All amendments made in ber or officer shall leave his place till the Committee of the Whole shall be reported to the adjournment or recess shall be declared by the Convention for action.

President.

CHAPTER VII.

Of General and Special Orders.

Rule 22. If at any time, in the Committee of the Whole, it shall appear that no quorum be present, the Committee shall immediately rise, and the Chairman shall report the fact to the Convention. CHAPTER IX.

On Motions and their Precedence. Rule 23.-When a question shall be under consideration, no motion shall be received except as herein specified, and motions shall have precedence in the order stated, viz·

1. For an adjournment.
2 For a recess.

3. A call of the Convention.
4. For the previous question.
5. To lay on the table.

6. To postpone indefinitely.

7. To postpone to a day certain.

8. To commit to a Committee of the Whole. 9. To commit to a Standing Committee. 10. To commit to a Select Committee. 11. To amend.

Rule 24. The motion to adjourn for the day, for a recess, for the previous question and to lay on the table, shall be decided without amendment or debate. The respective motions to postpone or commit shall preclude debate on the main question.

Rule 25. Every motion or resolution shall, after presentation, be first stated by the President, or on his order read by the Clerk, before debate, and again, if desired by any member, immediately before putting the question. And every resolution and amendment shall be reduced to writing if the President or any member desire it.

Rule 26. After a proposition shall have been stated by the President, it shall be deemed to be Rule 17. The matters referred to the Commit-in the possession of the Convention, but may be tee of the Whole shall constitute the General withdrawn at any time before it shall be decided Orders, and shall be recorded by their titles or or amended. subjects in a calendar to be kept for that purpose by the Secretary, in the order in which they shall be referred respectively.

Rule 18. Any particular report or other matter

Rule 27. The motions to adjourn or take a recess shall be always in order when made by a member entitled to the floor.

Rule 28. No motion for a reconsideration of any

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.

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 29. The previous question shall be, "Shall the main question be now put;" and if de- Rule 36. The yeas and nays shall be taken termined in the affirmative, no further debate or and recorded in the journal on any question when amendment shall be in order, and the main ques-demanded by one-fifth of the members present, tion shall be on the passage of the resolution or except in cases where such a division shall have other matter under consideration; but when been already ordered on a pending question. 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.
Of Resolutions.

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:

1. Resolutions containing calls for information from any of the Executive Departments, from State, county or municipal 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

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.
2. The Heads of the State Executive Depart
ments, and their Deputies.

3. Ex-Governors of the State.

4. Members of the United States Congress. 5. Officers of the Convention.

6. Reporters of the press, duly assigned as such by the President of the Convention. 7. Officers or ex-officers of the United States army or navy who have received the thanks of Congress.

Rule 34. In cases of the absence of a quorum 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

Rule. 37. The journal of each day's proceedings shall be printed so that it shall be laid on the desks of members 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 each reporter of the press.

Rule 39. A similar allowance for stationery, as made to each officer of the Convention, except is provided for the use of the members, shall be messengers, and a similar allowance shall also be made to each reporter.

Rule 40. No standing rule of the Convention shall be suspended, amended or rescinded, unless one day's notice of the motion therefor shall have been given; nor shall any amendment or repeal be then made, except by the vote of a majority of all

the members elected to the Convention. But such
sion. The notice and motion for a suspension,
notice shall not be required on the last day's ses-
shall each state specifically the number of the rule
and the object of the proposed suspension, and
every suspension on such notice and motion, shall
objects specified therein.
be held to apply only to the particular object or

of business, that is, the priority of one subject
Rule 41. All questions relating to the priority
matter over another under the same order of busi-
ness, the postponement of any special order, or
the suspension of any rule, shall be decided with-
out debate.

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 communications made in pursuance of the order or request of the Convention; and 800 copies of the journal ; which numbers shall be denominated the usual number.

Rule 43. The Governor and each head of the State Executive departments, shall be furnished by the printer with a copy of the official documents of the Convention out of the usual number printed.

Rule 44. The sergeant-at-arms shall receive from the printer all matter printed for the use of the Convention, and shall keep a record of the time of the reception of each document, and the number 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. and compensation of its members. Rule 45. There shall be bound, out of the usual 3. On the powers and duties of the Legislature number printed, three hundred copies of the jour-except as to matters otherwise referred. nal and three hundred copies of the reports and 4. On the right of suffrage and the qualificadocuments of the Convention, to be distributed as tions to hold office. 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.

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. I understood the gentleman from Oneida [Mr. Sherman] to say, they were substantially the rules of 12. On counties, towns and villages; 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. 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.

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 Com

The question being put upon the motion of mittee No. 9 on the "Finances of the State" conMr. Develin, it was declared to be carried.

sist of sixteen members; that Committee No. 8, Mr. HARRIS, from the Committee of Sixteen," on the Judiciary" and Committee No. 11 " on 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:

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.

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 Commitconsider 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.

Mr. FIELD moved that the resolution be refer

1. On the Preamble and the Bill of Rights. red to the same committee of the whole having 2. On the Legislature, its organization and the Icharge 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. rations, and what in reference to other subjects.

The question being taken on the motion of Mr. HARRIS-I would say in reply to the Mr Field, it was declared carried. gentleman that I apprehend that it will be imposMr. C. C. DWIGHT offered the following reso-sible for the Clerk of the Court of Appeals to lution: 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 this matter. I have been informed that this will be done without the action of this Convention, or without any request from it.