both of these extra copies which have been moved.

Mr. WEED-I understand that this report is in reference to a resolution in answer to a communication from the Convention of the State of Michigan. I submit to the gentleman from Kings [Mr. Murphy], that his amendment is not strictly in order; that it should be an independent resolution of this Convention, proposing to exchange with the Convention of the State of Maryland. They have not made any proposition to us, but the Convention of the State of Michigan has, and this is an

it ought to be considered before being finally acted upon by the Convention to ascertain which committee it is most appropriately to be referred to. It certainly comes within the section of the Constitution referred to by the committee, but it certainly has reference to subjects which pertain to the Judiciary Committee, of which they shall take cognizance, and it might be equally well if referred to the committee indicated by the report of the Judiciary Committee; but, if sent to the Committee upon the Bill of Rights, it strikes me to be equally proper for them to say that it pertains to subjects coming properly within the cog-acceptance of that proposition and provision for nizance of the Judiciary Committee, and they report it should be referred to them. For the purpose of examining the subject, I move to lay that report upon the table for the present.

The question was then put on the motion of Mr. Pond and it was declared carried.

Mr. SEAVER from the Committee on Printing, submitted the following report in relation to a communication from the State Librarian of Michigan. The Committee on Printing to whom was referred the communication of the State Librarian of the State of Michigan, embodying a resolution of the Constitutional Convention of that State, proposing an exchange of journal, debates and proceedings, with this Convention, beg leave to offer the following resolution:

the exchange. I would gladly go with him in asking the Convention of Maryland to exchange with us.

I

Mr. MURPHY-In all matters of this kind, I am for the substance the form is immaterial. would like myself, to have the benefit of the debates and propositions presented to the Maryland Convention. As I said before, I have read some of them with a great deal of interest, especially their reports upon the Executive Department of that State. I do not see any incongruity in amending this report by appending a further resolution to the effect I have mentioned, coupled with a request that the Maryland Convention will reciprocate and exchange. However, if it is the sense of the Convention that we should have a separate proposition I am willing to withdraw the motion.

Resolved, That the proposition of the Constitutional Convention of the State of Michigan, now in Mr. ALVORD-I renew the proposition of the session to exchange ten copies of the Journal and gentleman from Kings [Mr. Murphy] with this Debates and Proceedings of that Convention, for a addition that it be conpled with request that they like number of the Journal and Debates and Pro- send us a like number. It seems to me entirely gerceeding of this Convention, be and the same is mane to the matter. It might as well come in hereby accepted; and that the Secretary of this here instead of having a distinct, separate propoConvention be instructed to cause the said num-sition; and under the advice of the gentleman ber of copies to be regularly transmitted to the from Richmond [Mr. E. Brooks] the usual numState Librarian of the State of Michigan, and that ber printed will be sufficient. a sufficient number of copies in addition to the usual number are hereby ordered to be printed to conduct such exchange.

J. J. SEAVER, Chairman.

Mr. SEAVER-It is not deemed by the committee necessary, perhaps, to print any extra number, so that the usual number of 800 copies will supply the demand required by the exchange. But if 800 copies are found not sufficient, then an additional number can be printed.

Mr. WEED-I, like the gentleman from Kings [Mr. Murphy], desire to have the substance, but at the same time I think there is a proper way of doing it. We have here a communication sent us from the Constitutional Convention of the State of Michigan. We are now to pass a resolution accepting that; it is to be returned to that Convention through the proper channels, and then there will be an exchange between this Convention and the Convention of Michigan. I cannot see why we should engraft upon this resolution of acceptMr. MURPHY-I do not know that the gen-ance a proposition to exchange with the Maryland tleman is aware of the fact that there is another Convention and have that sent to Michigan. It State Convention now in session, some of whose seems to me that the only proper way to get debates I have seen and read with great pleasure, at it is to pass a resolution asking the Maryand I hope, therefore, that this resolution may be land Convention to exchange with us. It is a amended so far as to extend the same courtesy to matter of no great moment; at the same time I that Convention. I refer to the Convention of the can see no propriety in adding this to the acceptState of Maryland. I move therefore an amend-ance of the simple and direct proposition tenment that a like number of copies of our proceed- dered to us by the Convention of Michigan. ings, be transmitted to the Convention of the Mr. McDONALD-As I understand the fact to State of Marylaud now in session. be this Convention has not yet ordered any debates, The PRESIDENT-The Chair would inquire at all, and the contract only provides that we whether the usual number of copies would allow may order them if we see fit. I, therefore, move that to be done? to amend the resolution by adding, that this ConMr. E. BROOKS-The Chairman of the Com-vention order the usual number, of 800 copies of mittee, on Rules [Mr. Sherman] is not now in the debates, to be printed so that we can have his seat. But I think I can say that the number them to send. Perhaps, however, I had better authorized by the Committee on Rules to be withdraw my amendment, and offer it as a sepaprinted under the regular order, would supply rate proposition.

The question was then put upon the amend-islature shall, at its first session after the adoption ment offered by Mr. Alvord and it was declared of this Constitution, pass a general act of incoradopted.

The question then recurred on the resolution reported by the Committee on Printing as amended and it was declared adopted.

poration, prescribing a form of government for every city in this State having a population of ten thousand souls. All authority conferred by said act is hereby vested in the qualified voters of Mr. FIELD-I move a reconsideration of the the cities respectively, who shall be authorized to vote of yesterday on the resolution reported by govern themselves, through a Mayor and one or the Select Committee of which the gentleman more legislative bodies, to be elected once in every from Rensselaer [Mr. Francis] is Chairman, in year. Future cities shall be authorized to come favor of publishing in two daily papers in this under the government of said act, which shall city, the debates of this Convention. If it is continue in force during the existence of this proper, at this time, I desire simply to state that Constitution. the object of this motion is not to defeat the publication of these debates, but to have them published in what is thought by many to be the only legal and proper way; that is in the way proposed by the resolution of the gentleman | from Chautauqua [Mr. Barker] unless it can be done in some better way.

Mr. MURPHY-I move to lay that motion on the table.

Mr. FIELD-I rise to a point of order, that a motion to reconsider lies on the table under the rule.

Mr. BROOKS-As the House is very thin, and the question is an important one, I hope the gentleman who made the motion, [Mr. Field] will allow it to be postponed until Tuesday next.

Mr. FIELD-As I have said, it does lie on the table, under the rule.

The PRESIDENT—The point of order is well taken. The resolution will lie on the tabe under the rule.

Mr. GERRY offered the following resolution for eference:

Which was referred to the Committee on Cities. Mr. HAND offered the following resolution for reference:

Resolved, That the Committee on the Rights of Suffrage, &c., be directed to inquire whether persons addicted to habitual drunkenness to such extent as to unfit them for ordinary business (requiring care and skill) should be excluded from the right of suffrage.

2d. Whether in cities persons repeatedly convicted of crime or misdemeanor below the grade commonly deemed "infamous crime" should not be deprived of the right of suffrage in the election of all municipal officers made elective by this Constitution.

Which was referred to the Committee on the Right of Suffrage.

Mr. ARCHER offered the following resolution for reference :

Resolved, That there be printed 500 copies of the rules and standing committees together, in pamphlet form, for the use of the Convention.

Which was referred to the Committee on Printing.

Mr. S. TOWNSEND offered the following resolution for reference:

Resolved, That the Board of Commissioners of the Metropolitan Police be requested to furnish the Secretary of this Convention with fourteen printed copies of the last annual report of such Resolved, That the Committeee No. 9 on FinanBoard to the Legislature of this State; such copies ces, be requested to consider and report to this to be distributed among the members of the Com- body, upon the policy of providing that so much mittee on the Pardoning Power and the Committee of the expenditures of this State, as are required on State Prisons, and the prevention and punish-to be raised by taxation, for General or State purment of crime. poses, be allotted to the several counties, solely upon the Basis of Population-the proper equivalent of Representation.

Which was referred to the Committee on Finances of the State.

Mr. GERRY—I would like to ask the Convention to suspend the rules; and for the reason, that we shall probably adjourn to-day until Monday or Tuesday of next week, and in the judgment of many of my colleagues on the Committee on the Pardoning Power, it is necessary to have this document, and the intervening time may be em- Resolved, That the Committee on the powers ployed in the procurement of it, as I do not sup-and duties of the Legislature, be requested to inpose there will be any difficulty in obtaining it.

Mr. FIELD-I rise to a point of order, that the rules cannot be suspended except upon one day's notice.

Mr. GERRY-It can be done by unanimous consent.

The PRESIDENT-The chair holds that it may be done by unanimous consent.

There being no objection, the question was put on the resolution, and it was declared to be adopted.

Mr. E. BROOKS offered the following resolution for reference:

Mr. MONELL offered the following resolution for reference:

quire into the expediency of prohibiting, by a constitutional provision, the Legislature from passing any bill within five days of its adjournment; and also into the expediency of so amending the Constitution, as to require that every bill, after its passage before it shall become a law, shall be signed by the Governor, during the session of the Legislature, at which the same may be passed.

Which was referred to the Committee on the Powers and Duties of the Legislature.

Mr. SMITH offered the following resolution for reference:

Resolved, That the Committee on the Powers Resolved, That it be referred to the Committee and Duties of the Legislature be requested to on Cities, to inquire into the expediency of consider the expediency of reporting a constituamending the Constitution as follows: The Leg-tional provision giving the Legislature power to

authorize individuals and corporations to appro- | for the consideration of the propriety of inserting priate lands and unimproved water privileges for a clause in the Constitution similar to that which manufacturing purposes, on making compensation is found in the Constitution of several States, that to owners and persons injured thereby. the natural effect of a law shall not be suspended. The amendment was accepted.

Which was referred to the Committee on the Powers and Duties of the Legislature.

The question was then put upon the resolution, as amended, and it was declared adopted. Mr. A. J. PARKER offered the following reso

Mr. GOULD—I desire the Convention to take up the resolutiou offered by me, calling for information from the county clerks etc., and Ilution for reference: ask leave to withdraw that resolution; as it has been suggested to me by several gentlemen, that there are some courts whose decisions would not be reached by the resolution as I have drawn it. I have accordingly prepared another resolution under the advice of these gentlemen, which will embrace all the information I seek to obtain.

There being no objection the resolution was taken up and withdrawn.

Mr. GOULD offered the following resolution for reference.

Resolved That the Committee on Cities, their organization and powers, be requested to inquire into the expediency of so amending the Constitution as to provide for the government of all the cities of the State, and for the organization and government of all the cities hereafter to be organized in this State, under general laws, and that all special legislation in regard to the organization and government of cities be prohibited.

Which was referred to the Committee on Cities. Mr. LAPHAM At the request of the Chairman of the Committee on the Pardoning Power, I desire to call up a resolution offered by me on Tuesday last.

The SECRETARY proceeded to read the reso

Resolved, That the Governor of the State be

Resolved, That the Secretary of this Convention be requested to procure as speedily as possible, from the Clerks of the several Criminal Courts of this State, including County Clerks; the Clerk of the Court of General Sessions of lution as follows: the city and county of New York; of the Superior Court of Buffalo; of the Mayor's and requested to communicate to this Convention, as Recorder's Courts of cities having criminal jurisdiction, as well as District Attorneys in the respective counties, information upon the following points for each year between 1857 and 1866, both inclusive:

1. The number of indictments that have been found in each county.

soon as practicable, a list containing the number of the applications made to the Executive for pardons, during the years 1864, 1865 and 1866; the number of such applications granted, with the nature of the offenses in classes.

Mr. HARRIS-I hope that the mover of that resolution will consent that it lie over for a day,

2. The number of accused persons admitted to as I want to examine the Manual which has been hail.

3. The aggregate amount of bail estreated in each year.

placed upon our tables, to see what information we have already upon the subject.

Mr. E. BROOKS-Mr. President, I would state And that he also be requested to procure from that a great part of the information called for, is each of the County Treasurers and the Comp-found in the first pamphlet of the Manual. On trollers of cities, the amount of money received page 5 of the first pamphlet, will be found nearly by them in each year on account of estreated bail. the precise information called for by the resolution Mr. T. W. DWIGHT-I desire to submit an except as to its details. I can state in a word, amendment to that resolution, by adding "also that since the commencement in the organization the number of cases in which sentence has of this State and the existance of the pardoning been suspended, and the number of cases in which, power, some eleven thousand pardons have been after such suspension, sentence has been actually granted, and during two years of the administrarendered." I wish to say a word with regard to tion of Governor Fenton, he reports that 299 parthe object proposed by this amendment. It is well dons have been granted. If gentlemen will take known to gentlemen who are conversant with crim- the pains to examine this Manual in detail, they inal jurisprudence that there has sprung up in will find a great deal of the information which is England and in this country, a practice-not sanc-being called for. tioned regularly by legislation, but grown up by Mr. HARRIS-I hope that the mover will usage of suspending sentence in criminal cases. consent that this resolution lie over. I had prePersons who have given attention to this subject pared a similar resolution myself, but at the regard it as a direct violation of the great princi- suggestion of some one that this information was ples laid down by Beccaria and other standard coming in the Manual, I witheld it. writers on criminal jurisprudence, that sentence Mr. LAPHAM-I have no objection if the ought to follow upon the conviction of the pris-Chairman of the Committee is satisfied. oner, in such a way that it will be associated in Mr. M. I. TOWNSEND—I suppose that the the minds of the criminal classes like cause and effect, coming as it were in the regular sequence of effects, from the operation of causes in nature. And moreover, that the assumption of this power to suspend sentence is in effect an assumption of the pardoning power by the individual officer who exercises it; and for these reasons I have thought it best to present this amendment in order that the facts can be produced before the Convention

report of the Committee on Pardoning Power need not be among the earliest which is submitted to this body; necessarily it would be later, and therefore, I presume no time will be lost in suffering the resolution to be laid over.

Mr. BELL offered the following resolution:

Resolved, That the Commissioners of the Land Office be respectfully requested to report to this Convention, as soon as practicable, the following

particulars in regard to the "Salt Reservations" of the State:

1. The quantity of land originally set apart by the State for the purpose of manufacturing salt. 2. The quantity of land now owned by the State and devoted to that object.

Mr. McDONALD called up a resolution offered by him in relation to printing of documents, and offered the following as a substitute :

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

3. The towns and counties in which said lands are located, and the number of acres in each same. locality.

4. The present value of such lands, if the same can be readily ascertained; or the nearest possible approximate value thereof.

5. Cost and present value of the salt wells, structures and improvements thereto, made and owned by the State.

6. The probable value of the Salines connected there with.

7. The yearly expense to the State for the care and management of the same, including new structures, repairs, superintendence, etc.

8. The yearly revenues received therefrom. Which were laid over under the rule. Mr. MILLER offered the following resolution for reference.

The SECRETARY proceeded to read the resotions as follows:

Resolved, That the Committee on the Powers and Duties of the Legislature, be instructed to inquire into the expediency of reporting a constitutional provision, prohibiting the Legislature taking cognizance or having jurisdiction of any claim against this State, that has not accrued within the preceding six years.

Which was referred to the Committee on the Powers and Duties of the Legislature.

Mr. MERWIN offered the following resolution for reference:

Resolved, That the Constitution be so amended (1) that senators shall hold their office for four years, and one-fourth of their number be elected each year; (2) that assemblymen be elected for one year, and every 25,000 of population be entitled to one member, and that they be elected by single districts.

Which was referred to the Committee on the organization of the Legislature.

Mr. DUGANNE offered the following resolution for reference:

Resolved, That it be referred to the proper committee to inquire whether the agricultural or other industrial interests of any portion of the people of this State are injuriously affected by feudal terures or other anti-republican conditions or restrictions.

Which was referred to the Committee on Industrial Interests.

Mr. A. R. LAWRENCE offered the following resolution:

Resolved, That it be referred to Committee No. 3, "on the Powers and Duties of the Legislature," to inquire as to the propriety and expediency of amending section 13 of article 3 of the Constitution, so as to read as follows: "All bills for the imposition of taxes, or for the raising of revenue, shall originate in the Assembly, but the Senate may propose or concur with amendments, as on other bills."

Which was referred to the Committee on the Powers and Duties of the Legislature.

The PRESIDENT-The Chair would inform the gentleman from Ontario that rule 41 already provides for that, and they will be printed, of course, without any special order.

Mr. WEED-I would suggest that rule 41 does not provide for the printing of the debates, it provides for the printing of documents that may be ordered, but as I understand it, the debates have not yet been ordered to be placed on our files. The resolution was then referred to the Committee on Printing.

Mr. LANDON offered the following resolution for reference.

Resolved, That the Committee on the Preamble and Bill of Rights be requested to inquire into the expediency of so amending section 5, of article 1, of the Constitution, as,

1. To prohibit capital punishment.

2. To require the Legislature to provide by law for the immediate taking, in criminal cases, of the testimony of witnesses who cannot give bail for their appearance at the trial, and thereupon discharging such witnesses.

Which was referred to the Committee on the Preamble and Bill of Rights.

Mr. GRAVES-I move to take up the resolution offered by myself, and which is to be found on page 45 of the Journal.

The SECRETARY proceeded to read the resolution as follows:

Resolved, That a committee of five be appointed by the Chair to report to the Convention at as early a day as practicable, whether, in their opinion, a provision should be incorporated in the Constitution, authorizing the women in this State to exercise the elective franchise, when they shall ask that right by a majority of all the votes given by citizen females over the age of twenty-one years, at an election called for that purpose, at which the women alone shall have the right to vote.

The question was then put on the motion to take the resolution from the table, and it was declared carried.

The PRESIDENT announced the pending question to be on the resolution as read.

Mr. GRAVES-Mr. President: I do not desire at this time to discuss the merits of the resolution ; but allow me to suggest that there are four persons who are interested in the questions involved in it. The first class is what is opprobriously known as the strong-minded women, who claim the right to vote upon the ground that they are interested and identified with ourselves in the stability and permanency of our institutions, and that their property is made liable for the maintenance of our government while they have no right to choose the law-makers, or to select the persons who are to assess the value of their property liable to taxation. They claim that they are not untaught in the science of government to which:

The PRESIDENT-Under rule 23, the motion to commit takes precedence of the motion to amend.

Mr. VEEDER-Then I hope the gentleman from Clinton [Mr. Weed] will withdraw his motion, that I may offer an amendment, and then let the whole subject go to the committee.

Mr. WEED-Any amendment that the gentle

can be offered as an independent resolution, which could be referred to the committee. If my motion is withdrawn it will open discussion upon the question.

Mr. VEEDER-If the gentleman will withdraw his motion, I will offer my amendment, and then renew his motion.

Mr. S. TOWNSEND-Are amendments now in order to the proposition to go with the resolution to the Committee?

the right of administration is denied to them. The second class includes both males and females who sympathize with the first class and who claim that there is no disparity in the intellect of men and women, when an equal opportunity is afforded by education, for progress and advancement. They also claim that our country is diminishing all the time in moral integrity and virtue, and ask that a new element be introduced into our govern-man from Kings [Mr. Veeder] may see fit to offer, mental affairs by which crime shall be lessened and the estimate of moral virtue be made higher. The third class is a class which urges that there should be no distinction between males and females in the exercise of the elective franchise, and they claim that it is anti-democratic that there should be a minority in this country to rule its destinies. There is a fourth class who believe that the right to exercise the elective franchise is not inherent, but permissive, and that the people are the government, and that this power of the elective fran- Mr. CONGER-I would suggest a point of chise is under their immediate control, and they order; that a resolution specially directing a claim the right to become part and parcel of the reference to a special committee cannot be referred government which they help to support and main- to a standing committee. The subject-matter tain. Now, these four classes, differing in opinion only of the resolution can be referred. upon this great question, constitute a very large The PRESIDENT-The subject-matter of the body of very worthy and high-minded and intelli-resolution of the gentleman from Herkimer [Mr. gent men and women of this State who have long Graves], it is moved by the gentleman from Clinton sought to enlarge the elective franchise, and they | [Mr. Weed], shall be referred to the Committee on claim the deliberate consideration of this body the Right of Suffrage. upon the ground of equality. Now this resolution gives to women themselves, the power of discussion and comparing of minds, etc., to settle the question whether they will avail themselves of the desired right to exercise this power of voting. And as it differs from all other questions which | have originated here with reference to this right Resolved, That it be referred to the standing of women to vote, I submit it is a proper resolu- committee on the Preamble and Bill of Rights, tion to be referred to a select committee to be ap- to consider the propriety of erasing from section pointed for that purpose. 8 of article 1 of the present Constitution, the last

The question was then put on the motion of Mr. Weed to refer the subject embraced in the resolution of Mr. Graves to the Committee on the Right of Suffrage, and it was declared carried.

Mr. CARPENTER offered the following reso lution :

Mr. BICKFORD offered the following amend-clause of said section, to wit: "and the jury shall ment to the resolution:

Strike out the words "votes given by."

have the right to determine the law and the fact." Which was referred to the Committee on the Preamble and Bill of Rights.

Mr. GRAVES-I desire to call from the table the resolution to be found on page 74 of the Journal.

Mr. BICKFORD-The object of this amendment is this: That the women of this State shall not be forced to vote even on this question. There are a great many ladies of the State who will not vote on any question, and the object of The SECRETARY proceeded to read the prethe amendment is that their voices may be count-amble and resolution, as follows: ed against the proposition, even if they do not vote so that they shall not be compelled to go to the polls even for the purpose of saying that they do not want the privilege of voting.

Whereas, The use of adulterated, intoxicating liquors has become an alarming evil, increasing domestic sorrow, creating pauperism and crime, thereby adding to the burdens of taxation; therefore,

Resolved, That a committee of one from each judicial district be appointed to report:

1st. Whether, in their opinion, under our republican form of government, any authority should be granted to sell, or any prohibition enacted against the sale of intoxicating liquors, either by a legislative or organic law of the State.

Mr. WEED-Without discussing the merits of this question at all, it seems to me that as Committee No. 4 has this question especially in charge, and as this resolution was introduced prior to the appointment of that, and before any committee was authorized on this subject, it is proper and right before this question takes up the time of this Convention, it should go before the ordinary committee, and come before us upon 2d. Whether, in their opinion, the sale of intheir report. I therefore move that this resolu-toxicating liquors should be denied to all except tion be referred to Committee No. 4 on the Right of Suffrage and the qualification of voters.

Mr. VEEDER—I would inquire whether that motion precludes any further amendment before it is referred? I submit that we should have a fair opportunity of amending the resolution, and

then

such as shall receive a certificate under the hand and official seal of a person properly qualified and duly appointed, showing that the liquor offered for sale had been carefully analyzed, and was unadulterated, pure, and contained no poisonous drug.

3d. Whether, in their opinion, any law author