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IN SENATE,

January 14, 1833,

REPORT

Of the joint committee of the Senate and Assembly, on the New-Jersey boundary.

The joint committee of the Senate and Assembly, to whom was referred so much of the message of his excellency the Governor, as relates to the disputed boundary between this State and the State of New-Jersey,

REPORTED:

That in the opinion of the committee, it is expedient that a law be passed, appointing three commissioners on the part of this State, to meet commissioners to be appointed by the Legislature of NewJersey, in order to terminate the dispute pending between this State and the State of New-Jersey, in regard to her eastern boundary, with full powers to settle the same on equitable principles.

The acts of the commissioners, however, to be confirmed by the Legislatures of New-York and New-Jersey, before the same shall be binding on either party, in case the commissioners shall agree. The commissioners to report to the Legislature on the first Tuesday in January next.

The committee would respectfully refer the Legislature to a report made to the Assembly in 1827, which will be found in the Journals of that House, at p. 615. And also to a report made to the Senate in the same year by the chairman of the judiciary committee, which will be found in the Senate Journals at p. 165, as affording to the Legislature a full view of the whole case, and the necessity of legislative action, and also to the reports of the committee appointed by the act of 1827.

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The committee are satisfied, that the Legislature of New-Jersey, now in session, will meet the overture of the State of New-York, in a spirit, which it is hoped will lead to a final adjustment of this vexed question, so peculiarly desirable between States, situated as they are, upon terms consistent with the honor of both; which your committee confidently believe may be effected by commissioners to be appointed by the respective States, without calling in question the title of either State, and without reference to former negotiations on the subject; and they have instructed their chairman to report by bill.

IN SENATE,

January 14, 1833.

OPINION

Of the Attorney-General on the eligibility of members of the Legislature to the office of Senator in the Congress of the United States.

TO THE PRESident of the Senate:

SIR,

Albany, January 12, 1833.

In pursuance of a resolution of the Senate, I transmit herewith, an opinion upon the eligibility of a member of the Legislature, to the office of Senator in Congress.

I am, sir,

With great respect,

Your obedient servant,

[Senate, No. 18.]

1

GREENE C. BRONSON,

REPORT, &c.

The Attorney-General, in obedience to the resolution of the Se nate, requiring "his opinion, whether under the Constitution of this State, a member of the Legislature is eligible to the office of Senator in the Congress of the United States," respectfully submits the following

REPORT:

The President and Vice-President, and Senators and Representatives in the Congress of the United States, although appointed by the States, are officers of the general government. Those offices are created, their tenures declared, and the qualifications of the persons to fill them are prescribed, by the Constitution of the United States. That instrument also directs the manner in which those officers shall be elected or appointed. The President and Vice-President are to be chosen by electors, which "each State shall appoint in such manner as the Legislature thereof may direct." Senators are to be "chosen by the Legislature” in each State. Representatives are to be chosen by the people." And "the times, places and mammer of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof." [Const. U. S. Art. I. Sec. I. to V. Art. II. Sec. I. Amendment XII.] Upon all those matters the Constitution of the State of New-York is silent, unless a provision hereafter to be noticed indirectly affects the qualifications of a Senator in Congress.

The Constitution of the United States declares that "no person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen." The question is, whether the Constitution of this State (supposing such a right to exist) has added to these 'disqualifications the further one, that the person shall not be a member of the State Legislature.

The only provision from which such a disqualification can be inferred, is the following: "No member of the Legislature, shall re

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