way. I am impressed with the idea, that it may be construed into a license to spend a million more than is required for the work.

Mr. COMSTOCK-I suppose the effect of a voting. It seems to be assumed that this is a favorable vote adopts it without a further vote? proposition limiting the expenditure to five mil The PRESIDENT-The Chair is not so in-lions of dollars. It does not strike me in that formed. The rule wherever the Chair has been, and it has been the rule adopted by the permanent President of the Convention, is that the motion adopting the substitute only brings it before the body in the place of the main question, and the vote is still to be taken whether it shall be adopted as the main question.

Mr. CHURCH-If there is a favorable vote this amendment proposed by the gentleman from Richmond [Mr. E. Brooks] takes the place of the proposition of the gentleman from Yates [Mr. M. H. Lawrence].

The PRESIDENT pro tem.-So the Chair understands. The question will still remain to be put whether it shall be a part of the article. Mr. McDONALD-Can this proposition, if lost as an amendment, be offered as a substantive proposition alone afterward?

The PRESIDENT pro tem. — The Chair will suspend his decision upon that until the time comes, and see what becomes of it first.

The question was put on the first branch of the amendment offered by Mr. Brooks, limiting the expenditures to five hundred thousand dollars annually, and it was declared lost by the following

vote:

Ayes-Messrs. N. M. Allen, Archer, Armstrong, Axtell, Baker, Bell, E. Brooks, Case, Eddy, Ferry, Flagler, Fuller, Grant, Hale, Kinney, Livingston, McDonald, Miller, Murphy, Rathbun, Stratton, S. Townsend-22.

Noes-Messrs. A. F. Allen, Alvord, Barnard, Barto, Beadle, Beals, Beckwith, Bergen. Bickford, W. C. Brown, Cassidy, Church, Comstock, Conger, Cooke, Corbett, Corning, Curtis, Daly, Duganne, C. C. Dwight, Ely, Endress, Farnum, Field, Folger, Fowler, Garvin, Gould, Hadley, Hammond, Hand, Hardenburgh, Harris, Hiscock, Hitchcock, Houston, Hutchins, Ketcham, Krum, Landon, Lapham, Larremore, A. Lawrence, M. H. Lawrence, Lee, Loew, Ludington, Mattice, Merwin, Monell, More, Morris, Opdykę, A. J. Parker, Potter, Prindle, Reynolds, Rogers, Rolfe, Root, Roy, Schoonmaker, Sheldon, Spencer, M. I. Townsend, Van Campen, Van Cott, Veeder, Wakeman, Wales, Williams-72.

The question recurred on the second branch of the amendment limiting the total expenditure to five millions of dollars.

Mr. CHURCH-I submit that the first branch naving been rejected the second falls. This if it is adopted as a substitute for the proposition of the gentleman from Yates [Mr. M. H. Lawrence] would be entirely meaningless, and it must fall with the other. It reads: "No more than five millions in all for its completion."

The PRESIDENT pro tem.-The Chair is not of that opinion. The Committee on Revision can put it in form, or the Convention can do so.

Mr. E. BROOKS—It is a simple proposition to limit the expenditure to five millions of dollars. The question was put on the second branch of the proposition of Mr. E. Brooks.

The question was put on excusing Mr. Bickford from voting, and it was declared lost. Mr. BICKFORD voted no.

The SECRETARY concluded the calling of the roll, and the proposition was declared lost by the following vote:

Ayes-Messrs. Archer, Axtell, Bell, Bergen, E. Brooks, W. C. Brown, Case, Eddy, Ferry, Fuller," Grant, Hand, Livingston, McDonald, Miller, Murphy, Rathbun, Stratton, S. Townsend-19.

Noes-Messrs. A. F. Allen, Alvord, Baker, Barnard, Barto, Beadle, Beals, Beckwith, Bickford, Cassidy, Church, Comstock, Conger, Cooke, Cor bett, Corning, Curtis, Daly, Duganne, C. C. Dwight, Ely, Endress, Field, Flagler, Folger, Fowler, Garvin, Gould, Hale, Hammond, Hardenburgh, Harris, Hiscock, Hitchcock, Houston, Hutchins, Jarvis, Ketcham, Krum, Landon, Lapham, Larremore, A. Lawrence, M. H. Lawrence, Lee, Loew, Ludington, Mattice, Merwin, Monell, More, Morris, Opdyke, A. J. Parker, Potter, Prin dle, Prosser, Reynolds, Rogers, Rolfe, Root, Roy, Schoonmaker, Sheldon, Smith, Spencer, M. L Townsend, Van Campen, Van Cott, Veeder, Wakeman, Wales, Williams-73.

The question recurred on the section offered by Mr. M. H. Lawrence, as follows:

"The building of the new Capitol shall be suspended for five years."

The SECRETARY proceeded to call the roll
The name of Mr. Field was called.
Mr. FIELD-I have paired with Mr. Develin
on this question.

The PRESIDENT-The arrangement will recognized, there being no objection.

The SECRETARY concluded the calling of the roll, and the section was declared lost by the fol lowing vote:

Ayes-Messrs. A. F. Allen, Barto, Beals, E. Brooks, Case, Church, Conger, Ely, Endress, Farnum, Ferry, Folger, Fuller, Garvin, Gould, Hammond, Hand, Hardenburgh, Hutchins, Ketcham, A. Lawrence, M. H. Lawrence, Ludington, Me Donald, Miller, Opdyke, Potter, Prosser, Rathbun, Reynolds, Sheldon, Williams-32.

Noes-Messrs. N. M. Allen, Alvord, Archer, Armstrong, Axtell, Baker, Barnard, Beadle, Beckwith, Bell, Bickford, Cassidy, Comstock, Cooke, Corbett, Corning, Curtis, Daly, Duganne, C. C Dwight, Eddy, Flagler, Fowler, Grant, Hale, Harris, Hiscock, Hitchcock, Houston, Jarvis, Krum, Landon, Lapham, Larremore, Lee, Living ston, Loew, Mattice, Merwin, Monell, More, Morris, A. J. Parker, Prindle, Robertson, Rogers, Rolfa, Root, Roy, Schoonmaker, Smith, Spencer, Strat ton, M. I. Townsend, S. Townsend, Van Campen, Van Cott, Veeder, Wakeman, Wales-60.

Mr. ALVORD-I desire to make a report from the Committee on Revision of matters sent to us to-day, which I desire to report this evening, in order to have them placed before the Engrossing Committee, that the work may be immediately Mr. BICKFORD—I ask to be excused from done. I wish to report the article on education,

The SECRETARY proceeded to call the roll.
The name of Mr. Bickford was called.

2. At the general election to be held in Resolved, That article 8 be recommitted to ear one thousand eight hundred and eighty- the Committee on Revision, with instructions to and in each twentieth year thereafter, amend section 18 of said article so as to limit the so at such other time as the Legislature appropriation for the new Capitol to $4,500,000. rescribe, the question shall be submitted to The question was put on the adoption of the ople, "Shall there be a Convention to re-resolution of instructions offered by Mr. McDon. eConstitution?" and in case a majority ald, and it was declared lost.

Mr. WALES-I move that the Convention do] now adjourn.

The question was put on the motion of Mr. Wales, and, on a division, it was declared carried, by a vote of 51 to 35.

So the Convention adjourned.

WEDNESDAY, February 26, 1868.

The Convention met, pursuant to adjournment, at 10 o'clock A. M., the PRESIDENT pro tem., Mr. FOLGER, in the chair.

No clergyman was present.

The PRESIDENT pro tem.-It is in order to ask unanimous consent, but not in order to move a reconsideration.

Mr. S. TOWNSEND-I ask unanimous consent that the word "sanctioned" be restored. Mr. ALVORD-I object.

The PRESIDENT pro tem. - The gentlema yesterday gave notice of a motion to reconsider and that motion is in order.

Mr. S. TOWNSEND-I move now that we r consider the article for that purpose.

The question was put on the motion of M

The Journal of yesterday was read by the S. Townsend, and it was declared carried. SECRETARY and approved.

Mr. ALVORD-The Committee on Revision have instructed me to report back the article on corporations, etc.

ARTICLE X.

Mr. S. TOWNSEND-Mr. PresidentMr. C. C. DWIGHT-Mr. PresidentMr. S. TOWNSEND-I believe "the gentleman from Queens has the floor." I would say the the gentlemen in that part of the house are i the habit of rising and moving the previous ques SEC. 1. Corporations may be formed under tion when a gentleman makes a proposition and general laws. They shall not be created nor before he has had a chance to explain it. Section their powers increased or diminished by special | 4, in this article, in the third and fourth lines act, except for municipal, literary, scientific, char- reads, "No law shall be passed authorizing the itable or benevolent purposes. All such laws suspension of specie payments." The gentlems may be altered or repealed. The Legislature shall not authorize the consolidation of railroad corporations owning parallel or competing lines of road. SEC. 2. Dues from corporations shall be secured by such individual liability of the corporators and other means, as may be prescribed by law.

SEC. 3. The term corporation as used in this article, shall be construed to include all associations and joint stock companies having any of the privileges or powers of corporations, not possessed by partnerships or individuals. Corporations shall have the right to sue and may be sued in all courts by their corporate names.

SEC. 4. The Legislature shall provide for the registration of all bills or notes issued or put in circulation as money, by virtue of any law of this State, and shall require ample security for the redemption of the same in specie. No law shall be passed authorizing or sanctioning the suspension of specie payments. In case of the insolvency of any bank or banking association, the bill holders thereof shall be entitled to preference in payment over all other creditors.

SEC. 5. The stockholders in every corporation and joint stock association for banking purposes, issuing notes or any kind of credits to circulate as money, shall be individually liable to the amount of their respective share or shares of stock for all of its liabilities.

We have changed the arrangement of the last clause so that it reads as follows:

"The Legislature shall not authorize the consolidation of railroad corporations owning parallel or competing lines of road."

Mr. S. TOWNSEND-I should like to inquire whether it would now be in order, while this subject is under consideration to move also to insert a word to which there was only a single objection. The Convention will remember that yesterday the word "sanctioning," in the fourth section, was left out. "No law shall be passed authorizing or sanctioning the suspension of specie payments." My friend on my right [Mr. Church] showed plainly and clearly that a large majority

from Orleans [Mr. Church] should be conclusive The PRESIDENT-The Chair desires the ger tleman to state his question.

Mr. S. TOWNSEND-I moved to reconside the vote by which my motion to insert in line for of section 4 the words "or sanctioning "after the word "authorizing" was rejected. I would say in addition to what the gentleman from Orless [Mr. Church] explained so lucidly yesterday, the that word "sanctioning" has had a most prof able and beneficial influence in the experience of the last twenty years. We can very readily understand how under this language and not over strained interpretation the Legislature may that these corporations were not authorized by to suspend, but now that the suspension has taket place we may sanction it. It is that dilem that we provided against and most successfuly the Constitution of 1846, so that after the failu of the banks in 1857 there never was a premias of more than two and a half per cent on gold un til they again resumed specie payments after period of but three months dishonor.

The question was put on the adoption of resolution of instructions offered by Mr. Townsend, and it was declared carried.

Mr. ALVORD-The Committee on Revision whom was referred article numbered 13, amende by the addition of another section, have instruc me to report that they have changed the phrase ology to a small extent, and I will now read. Th original proposition reads:

"Any district attorney who shall fail to prose cute faithfully the violation of any provision this article which may come to his knowledge shall be removed from office," etc.

We have altered it by changing the wor "faithfully," placing it next after the word "fail" and by inserting the word "in his county" after the word "violation," so that it shall read:

"Any district attorney who shall fail faithfully to prosecute the violation in his county of sty provision of this article which may come to his knowledge shall be removed from office," etc.

Taking it for granted that the Convention did

not desire to have a district attorney prosecute

ARTICLE XI.

cases that might come to his knowledge outside SEC. 1. There shall be a board of managers of the county. We have made a slight change of prisons, to be composed of five persons apalso as to the expenses incurred in connection with a charge of bribery, so as to read: "The expenses which shall be incurred by any county in investigating or prosecuting any charge of bribery," etc., shall be a charge against the State," etc. We thought that there might be expenses incurred in investigating charges of brib ery as well as in the prosecution of such charges, and for the purpose of carrying out what we believed to be the full idea of the Convention, we took the liberty of putting in the word "investigating" before "prosecuting."

The report of the committee was agreed to, and the article was ordered to be engrossed for a final reading, as follows:

ARTICLE XIII.

SEC. 1. Any person holding office under the the laws of this State, who, except in payment of his legal salary, fees or perquisites, receives or consents to receive, directly or indirectly, any thing of value or of personal advantage, or the promise thereof, for performing or omitting to perform any official act, or with the express or implied understanding that his official action or omission to act is to be in any degree influenced thereby, shall be deemed guilty of a felony, and on conviction shall be punished by imprisonment in a State prison for a term not exceeding five years, or by a fine not exceeding five thousand dollars, or both, in the discretion of the court. This section shall not affect the validity of any existing statutes in relation to the offense of bribery.

SEC. 2. Any person offering a bribe, if it shall be accepted, shall not be liable to civil or crimi. nal prosecution therefor. But any person who offers or promises a bribe, if it shall be rejected by the officer to whom it is tendered, shall be deemed guilty of an attempt to bribe, which is hereby declared to be a felony, and on conviction shall be punished as provided in the first section

of this article.

Sec. 3. Any person charged with receiving a bribe, or with offering or promising a bribe that is rejected, shall be permitted to testify in his own behalf in any civil or criminal prosecution there

for.

pointed by the Governor, by and with the advice and consent of the Senate, who shall hold office for ten years, except that the five first appointed shall, as the Legislature may direct, be so classified that the term of one shall expire at the end of each two years during the first ten years. The board shall have the charge and superintendence of the State prisous, and shall have such powers and perform such duties in respect to the county jails, the local or district penitentiaries and other penal or reformatory institutions, as the Legislature may prescribe. The board shall appoint a secretary, who shall be removable at their pleas. ure, who shall perform such duties as the Legislature or the board may direct, and shall receive a salary to be determined by law. The members of the board shall receive no compensation other than reasonable traveling and other official expenses. The Legislature, at its first session after the adoption of this Constitution, shall limit the amount of such expenses, which limit shall not be changed except at intervals of five years.

SEC. 2. The board shall appoint the warden, clerk, physician and chaplain of each State pris. on, and shall have power to remove them for cause only, after opportunity to be heard upon written charges. All other officers of each prison shall be appointed by the warden, and be removable at his pleasure.

SEC. 3. The Governor may remove the managers of prisons for misconduct or neglect of duty, after opportunity to be heard upon written charges.

The PRESIDENT pro tem.-This article will also be transmitted to the engrossing clerk.

The PRESIDENT pro tem. proceeded to call the calendar.

Mr. GRANT gave the following notice:

That he will, at the proper time, move for a réconsideration of the vote by which the amend ment offered by Mr. Comstock to section 10 of article 7 was, on the eighteenth February, rejected, and that he will also move to reconsider the vote by which article 7 was adopted; also the vote by which said section 10 was adopted, also for the reconsideration of all votes by which said section and said article have been adopted and referred.

Mr. SCHOONMAKER gave notice of a motion to reconsider the vote by which article 5 was SEC. 4. Any district attorney who shall fail adopted; also the vote by which section 5 of said faithfully to prosecute the violation in his county article was adopted; also the vote by which artiof any provision of this article which may come cle 5 was adopted and ordered to be engrossed to to his knowledge, shall be removed from office by a third reading.

The PRESIDENT pro tem.-The Chair is of opinion that they come very appropriately under resolutions.

the Governor, after due notice and an opportu- Mr. CONGER-I believe, in this order of businity of being heard in his defense. The ex-ness, notices that have been heretofore given may penses which shall be incurred by any county in be called up. investigating and prosecuting any charge of bribery, or attempting to bribe any State officer or member of the Legislature within such county, and of receiving bribes by any State officer or member of the Legislature in said county, shall be a charge against the State, and their payment by the State shall be provided for by law.

Mr. FERRY, from the Standing Committee on Contingent Expenses, offered the following report: The Committee on Contingent Expenses, to whom was referred the resolution of Mr. Landon, Mr. ALVORD-Article 11 sent to the same providing for an index to the debates and procommittee was not changed at all by the Conven-ceedings of this Convention, respectfully report tion, and is unchanged by us. that they have examined the subject with con

siderable care, and, as the result of their delib-ographers in the country. I say this because I erations, they recommend the adoption of the have had much experience in the use of stenog. resolution, modified as follows, to wit:

Resolved, That the stenographer to this Convention be authorized to prepare a complete index to the proceedings and debates of the Convention, similar to the index prepared for the Congressional Globe, to be submitted for approval to the Comptroller; and, if approved, his compensation thereof shall be at the same rate per printed page of said index in the published volume as debates, to wit, $5 per page, provided that the sum total shall not exceed $1,000.

E. E. FERRY, Chairman.

Mr. DALY offered the following as a substitute for the resolution reported by the committee: Resolved, That the stenographer to the Convention be directed to prepare a full and complete index to the proceedings and debates of the Convention, and that his compensation therefor be at the rate of $5 a page for each page of such | index as published in printed volumes of debates.

raphers, being a member of a court in which stenographers are daily employed; and in the light of that experience this Convention has had the benefit of one of the most accurate stenog. raphers I have ever known; we are to have the benefit of his labor in preparing this index; but it would be most unjust, it strikes me, to impose upon him any loss by fixing a gross sum which might not be adequate to the amount of labor he may have to bestow to do the work properly, and for that reason I offer the substitute for the reso

lution, fixing the compensation at five dollars

page.

Mr. FERRY-The committee agree entirely with the remarks of the gentleman in regard to the valuable services and fidelity on the part of the stenographer generally, and, believing a good index to be indispensable, they were disposed to give him what they believed to be a fair compen sation for the labor to be performed. They took considerable pains to ascertain what sum would be a fair equivalent. The stenographer appeared before the committee and said that, in his judg ment, the service

Mr. DALY-Will the gentleman allow me to add one explanation? I spoke of pages. I re ferred, of course, to printed pages, not to man script pages, and meant to say in that connection that we allow five dollars a page for the present labor of reporting the Convention, and I wou add that the preparation of a page of the inder is far more laborious.

Mr. FERRY-The committee were of the opin ion that five dollars per page of the index would be a fair price, and nothing more than the Covention ought to pay, and the stenographer would earn; but to guard against a possibl abuse of this service in increasing the volume of the index unnecessarily, they sought to fix a li itation. I was about to say that the stenogra pher himself stated to the committee that, in his judgment, the service to be rendered at the rate of five dollars per page, would not exceed six or seven hundred dollars in all. Making a very eral allowance beyond that sum, the committe thought fit to limit the amount to one thousa dollars. They have meant to do justice, SD still to guard against abuse. If they have acted unwisely the Convention will correct the err Their impression was that the sum of one the sand dollars would be likely to strike the Covention as being extravagant.

Mr. DALY-The objection, Mr. President, to the proposition contained in the report of the committee is that it fixes a limitation to the amount of $1.000; and if adequate compensation for that labor should exceed the amount of $1,000, the stenographer who has to perform this duty would be the loser. It strikes my mind that the proper mode of compensation, and the best security for the Convention and the State, is to fix the compensation per page. I have had some experience in preparing indexes to books. It is a very laborious work. It requires great care and accuracy. This particular index will especially require it. It is important for future reference to the debates of this Convention that the index should be unusually full and exceed ingly accurate. There are already thirty-three hundred pages of the debates printed, and at least five hundred pages more still to be printed, making in all about thirty-eight or thirty-nine hundred pages. The price paid for indexing the Assembly Journal, as I am given to understand, is two hundred and fifty dollars. That index is about one-sixth of the amount of labor that will be required for the preparation of the index of the debates, and measuring by that rate of compensation, fifteen hundred dollars would be an inadequate compensation for the labor. I think the fairer and juster mode is to fix it at so much per page at five dollars a page. If it should turn out, with that rate of compensation, that the work can be performed for less than one thousand dollars, the State will be the gainer; if more, then the stenographer will not be the loser. It is but just and fair that the compensation should be measured by the labor. That is the general rule in nearly all labor, with few exceptions. It is the most universal rule with regard lars. to mechanical labor-so much a day rather than The question was put on the adoption of the so much for the particular thing to be done. As amendment offered by Mr. Landon, and it ww it is so important that this iudex should be care- declared lost.

The question was put on the adoption of the substitute offered by Mr. Daly, and it was de clared carried.

The question recurred on the resolution of the committee as amended by the substitute. Mr. LANDON-I move to amend by striking out five dollars and inserting six and a half doi

fully prepared, I think it much safer to act upon The question was then put on the resolution that rate of compensation than to award a gross offered by Mr. Ferry as amended by the subst We have had the benefit in this Conven- tute of Mr. Daly, and it was declared carried. tion, the unusual benefit, of one of the best sten- Mr. AXTELL I rise to a question of privilege.

sum.