informed that under the law this cannot be printed in the Manual unless it have the special sanction by resolution of this body, and I have, therefore, offered the resolution with that view. The question was taken on Mr. Gould's resolution and it was declared adopted. Mr. FOLGER-I wish to offer an amendment to the resolution of the gentleman from Westchester, (Mr. Greeley) which may lie over with the original, under the rule. Mr. GREELEY-I wish it understood that I will accept all amendments. The CLERK read the amendment offered by Mr. Folger, as follows: Add thereto the following: "And a table which will show with how much each so-called lateral canal should be credited for its contributions to the revenues of this State, which, in the yearly official tables and reports, are credited to the Erie canal. endeavor to make that work as perfect as it is possible for this body to make it. If, then, it fails to be such as we can give our support to, we shall undoubtedly express our opposition to the conclusions and the labors of this Convention, in a way that is not only our right, but our duty to do. Mr. President, I see around me a large number of men, not of my own political associations, in whose integrity, in whose honor, and in whose sense of public duty, I have the greatest confidence. I do not think that we ought, any of us to act-I do not think that those gentlemen ought to act-I do not think that those even who have been most despairing of good results in reference to the proceedings of this Convention ought to act upon any presumption beforehand that this Convention is to be a failure. If we think so let us adjourn tomorrow and go home. If, on the other hand, we are to make a fair trial-if we are to make an experiment in good faith, to improve the organic law of the State-let us not begin with any mutual misconception of each others motives. Let us not assume that the majority of this Convention have Add "and also the amount of outstanding canal determined before hand to put anything into it debt and when due, and when the same would be that will secure our opposition, and let them not paid, taking as a basis of calculation the future suppose that we are determined to make this oppo-average of our toll receipts for the last seven sition whatever they may put in. Sir, I think it extremely probable that there are many questions here upon which party lines as they now exist in this State will not be distinctly drawn. think there will be many questions upon which gentlemen will act with independence, with candor, and with wisdom, and I simply make these observations for the purpose that there should be no misunderstanding and no misconception of the position which I, for one, occupy, and I know of many others who think with me on these questions. The PRESIDENT—The resolution giving rise to debate will lie on the table under the rules. Mr. HATCH offered the following amendment to the resolution offered by Mr. Greeley: years." The amendment laid over under the rule. Mr. E A. BROWN-I rise to say that the gentleman who has charge of the manual states that one volume is printed, and is ready to be laid on the table of members. The PRESIDENT.-The Chair would inform the gentleman from Lewis, (Mr. E. A. Brown), that there is no question before the Convention. Resolved, That the privileges of the floor of this Convention be and the same are hereby extended to the members of the former State Conventions who may be temporarily in this city. Which was adopted. a On motion of Mr. WEED, the Convention took recess till four o'clock P. M. AFTERNOON SESSION. The Convention reassembled at four o'clock. Resolved, That the drawing for seats, assigned as the business of the present session, be adopted according to the mode usually practiced in the Assembly, viz.: Mr. GOULD offered the following resolution: Resolved, That a Committee be appointed to prepare in bill-form a copy of the present State Con- 1. Folded ballots to be prepared, each containstitution, to be printed with open spaces for inter-ing the name of a member. lineation and memoranda and with such com- 2. These ballots to be examined and compared parative notes and references as may be found with the official list by a Committee of two, to be practicable. appointed for that purpose by the President. 3. The ballots to be placed in a box, and thoroughly shaken in presence of the Convention. 4. The members then to retire outside the bar. 5. A person other than a member or officer to be designated by the President to draw the ballots. Mr. GOULD My object in introducing the resolution I will now state. On going to the office of the Secretary of State I saw and examined the manual as prepared. I found Dr. Hough, the Secretary of the commission appointed under the law, had for his own private information prepared a document such as is called for by the resolution. On looking it over, it seemed to me most admirably calculated to facilitate the business of this Convention. It has under the sections of our present Constitution all the corresponding provisions of all other Constitutions of the States. Such examinations and comparisons will frequently have to be made, and it struck me that it would facilitate the labors of the Convention to have such a document. I am 6. Each ballot as drawn to be handed to the President, and to be opened by him; then handed to the Clerk who shall announce the name drawn. 7. The person whose name shall be drawn, to select his seat and to occupy it till the completion of the drawing, under penalty of forfeiture if vacated. 8. The drawing to continue in this manner till concluded. Mr. CONGER-It may not be expedient at this time to suggest any modification of the resolution, fair and practicable, I shall be very glad to hear and to adopt it in the place of my own. which has doubtless been prepared in accordance Mr. SHERMAN-The plan I have offered seems with the wishes of the majority of this Conven- to me as fair as any that could be adopted, and it tion, but it seems to me, and I desire to draw the is one that is equally practicable, while the one attention of the gentlemen present to the fact, that which the gentleman from Rockland [Mr. Conger] we are not constituted as the Assembly, that we has suggested seems to me not to be practicable. are not here to-day representing Assembly dis- And the one I have offered is as fair to the minoritricts, but in obedience to the high behests of the ty as it is to the majority. If the gentleman, howLegislature of the State we are here as the repre-ever, can offer one which is at the same time to be sentatives of the various Senatorial districts. It seems to me, therefore, proper, that some regard should be had, in the drawing of seats, to the Mr. GREELEY-It seems to me the proposition manner in which this body is constituted, and that would be just as fair to allow the Senatorial disinstead of drawing the seats as individual rights, tricts to draw in the same manner, and then allow we should draw seats to represent the Senatorial the gentlemen here present each of them to take districts here represented. And this would add their seats upon that drawing. It would shorten vastly to the convenience of the gentlemen repre- the balloting very much, as we should have but senting one district. Had the old rule prevailed thirty-two ballots to be drawn. I think the propin the construction of this body, then every gen-osition of the gentleman from Rockland [Mr. tleman here present would be representing an Conger] is certainly fair and practicable, and we Assembly district, and as such would have a should get through much sooner, and in that way paramount right to his seat as an individual repre- we could allow gentlemen to take their seats sentative of an individual district. But if I together or separate as they may choose. understand the meaning and purpose of the law Mr. WEED-May I ask the gentleman from by which we come together here, we represent, Westchester (Mr. Greeley) what district he reprefour, five, six or eight of us, as the case may be, sents? one single Senatorial district. 1 would, therefore, Mr. GREELEY-I say that I would take my respectfully suggest, and move as an amendment, chance with the gentleman from the Ninth Senain order to try the temper and sense of the Con-torial district. vention on this subject, in reference to the manner Mr. WEED-There are no representatives from in which we are constituted as a body, that the the Senatorial districts, except the four especially seats be drawn so as to represent Senatorial Dis-elected. Because I happen to live in a Senatorial tricts, and that the gentlemen who are entitled to, district, or because a gentleman happens to live and do represent, Senatorial Districts, take the in a Senatorial district, and is elected upon the number of seats which belong to them as of right. ticket at large, he is not the Delegate of that SeI don't know how this proposition may strike other natorial district, nor has the special charge of that gentlemen, but for myself I would be pleased to be Senatorial district upon his hands. It seems to associated with all the gentlemen representing my me that the amendment of the gentleman from Senatorial District. I have no predilections as to Rockland [Mr. Conger] is perfectly impracticable. their political opinions whatever. The gentleman Under the plan suggested in the original resoluwho this morning spoke for Westchester, (Mr. tion, each member here when his name is drawn Greeley) is my associate in the representation of will be authorized to choose his seat in that part that District-the Ninth Senatorial District. The of the house that suits him best. The room is Delegates at large have been so distributed, that not so large but that, during the deliberations, in New York many gentlemen represent the the members from any Senatorial District can Senatorial Districts there. In the case of the consult with each other. Ninth Senatorial District, besides those selected Mr. M. I. TOWNSEND-I hope the original by the people-four in number-there are gentle-resolution may prevail. I know it would be men here as Delegates at Large, representing that agreeable in a social point of view, that gentlemen district, and I should like for purposes of confer- who come from the same locality and who are ence and for the convenience of the discussion of local interests, to have these gentlemen brought together in such a way that it would be more convenient for them to consult together. With entire respect to the gentleman who offers this resolution, and I trust, with due delicacy, as representing those who have been described here this morning, as in the minority, I still feel with great confidence that this Convention will remember its constitution and the manner in which it is constituted, and that those gentlemen do not stand here in their individual rights as representing mere localities, but unitedly, Senatorial Districts. I submit my proposition in the shape of an amend ment. The CLERK read the amendment as follows: That the drawing of seats be for each Senatorial District represented in this Convention, and that the members of such district select their seats according to their discretion. acquaintances, should be seated together, but I doubt whether the influence of such coteries and associations would be beneficial upon the deliberations of this body. We have seen this morning that in the minds of some, there is a disposition to make party decisions, while other minds seem to be measurably free from it. I believe we shall be more likely to keep ourselves aloof from such considerations if we commingle with each other freely without reference to our previous politics or previous locations. I think it is the case in every Senatorial district that the gentlemen from that Senatorial district are all of the same politics-I mean those elected from the Senatorial districts-with one exception throughout the entire State. We find there is one gentleman from the city of New York who seems to have been elected, of different politics than that of the other three members, from that district. In other cases you will put the four men agree ing inpolitics side by side. And these men have none of the results produced upon their minds which would be produced if men of different politics were thrown side by side, hap-hazard. I do not believe in coming into this Convention with a feeling that it is undesirable that we mingle together, men who have been Democrats, or who have been Republicans, to exchange ideas with each other. I trust that if there is any mode by which this clanishness can be prevented in this Convention, that mode may be adopted. I am as pleasantly situated in my associations as any man can be or would like to be, certainly as much so as any man coming from any other part of the State, but I don't believe it is best for me or my friends that we should isolate ourselves in this Convention, and sit together as a clan, instead of being separate. Mr. FRANK announced that himself and colleague had compared the ballots with the list of delegates, and had found the same to be correct. Delegates then withdrew without the bar of the Convention, when the drawing of seats was proceeded with to its completion. On motion of Mr. AXTELL, the Convention adjourned. WEDNESDAY, June 5, 1867. The Convention met pursuant to adjournment. the Convention and took the constitutional oath Mr. TILDEN-There seems to be some misap-dent. prehension on the part of the delegates in referMr. FRANCIS offered the following resolution: ence to the original proposition of the gentleman from Oneida [Mr. Sherman]; it is not that seats cause the removal of the temporary partitions on Resolved, That the Secretary be directed to be assigned according to drawing, but by the the south side of the Assembly Chamber, conchoice of the individual drawn. I confess it necting with the room of the sergeant-at-arms and Mr. C. C. DWIGHT offered the following amend ment: of the house, to the pillar next the chimney. Mr. Francis, as amended, and it was declared to seems to me that the original proposition is the best. It will give me great pleasure to have a seat among the delegates that come from my own locality, but I think it is very well that we should be all shaken up together, and "commingled," as my friend says. I think we are not any of us here to represent geographical districts in any peculiar and exclusive sense. I don't think there is anything in the circumstance that we are some of us elected from certain Senatorial districts instead of Assembly districts to determine us to depart from Mr. FRANCIS offered the following resolution: the method adopted in the Convention of 1846, and in the Assembly since. On the whole, I cannot ed by the President to inquire upon what terms Resolved, That a committee of three be appointsay I have any special preference for, or objection full, verbatim, reports of the debates and proto, the proposition of the gentleman from Rock-ceedings of this Convention may be published in land [Mr. Conger], but I think the other system is two or more daily papers of this city. preferable, besides having the force of usage and Which was adopted. prescription in its favor. But this proposition is not complete, as it does not include the cases of tion: Delegates at large, and will not be unless it be Resolved, That the Secretary of the Convention amended so that Delegates at Large can be as-be and he is hereby directed to supply each memsumed to be representatives of the particular Sen-ber of the Convention with a copy of the proceedatorial districts in which they happen to reside. ings of the Constitutional Convention of 1846, and With that amendment it would be adequate to the to apply to the Comptroller for the payment of purpose. There would then, perhaps, be some con- the expense thereof. fusion in regard to four or five delegates from the Senatorial districts in assigning them their seats. The other is the simpler and most direct mode or the one most usual, and in my judgment on the whole matter, better adapted to the purpose. Mr. TAPPAN offered the following resolu Mr. CORBITT-I would like to ascertain, Mr. President, if it is possible, how many members of the Convention have already copies of the proceedings of the Convention of 1846. I am informed by my colleagues that most of us have copies. Mr. FOLGER moved to lay the resolution on The question was taken on the amendment of Mr. Conger and was declared to be lost. The question then recurred on the original the table. resolution of Mr. Sherman, and it was declared to be carried. Mr. WEED moved that delegates residing in a Senatorial district be authorized to draw seats for any delegate from that district who might be absent at the drawing, which was carried. The Chair appointed, under the resolution of Mr. Sherman, Mr. Frank and Mr. Weed to compare the ballots prepared with the list of delegates. Mr. S. W. FULLERTON, a delegate to the Convention, appeared and took the Constitutional oath. Which was carried. Mr. POND offered the following resolution: Resolved, That a Committee of five be appointed by the chair to inquire and report upon the expediency of adjourning this Convention to Saratoga. Mr. BICKFORD moved to lay the resolution on the table. Mr. POND-Mr. President The PRESIDENT-The resolution giving rise to debate, it will lie over under the rule. MR. ANDREWS-Mr. PRESIDENT: It devolves upon me to make formal announcement to this Convention, of the decease, last evening, of one of¡ to me that this event may not be without its the members of this body, by a sudden and proper lesson upon those of this body who wholly unexpected event. And thus it is, that remain. Our work is left, although he shall death already, within our limited circle, has as- take no share in its responsibilities, and we serted its dominion over the race; and, sir, I am may perhaps be led to greater soberness and so oppressed with the suddenness and appalling earnestness, in the performance of the important character of the event to which I have referred, work which has been assigned to this body. that I am utterly unable properly to express to And moreover we may be all led to cherish still this Convention the feelings which it suggests. more sacredly than we ever have before the I make this announcement, sir, as one of the principle that our liberties, our lives, and our colleagues of the deceased, with whom I have property are due and owing to the constant realways been on intimate personal, and intimate cognition, under all circumstances, of the supreprofessional relations, and whom I accompanied macy of the law. I forbear to continue these to this city, well knowing that he deeply felt the remarks. I have said what I have been able to responsibility resting upon him, in common with say in justice to a friend, in justice to a public the other members of this Convention in respect spirited and high-minded citizen, and I leave it to to the important work which has been confided other members of this Convention to indicate such to it. In the very vigor of his life, and in the prime course of action as shall be deemed appropriate of his manhood, this delegate has been stricken by it under these circumstances. down in death, and his presence no longer will Mr. ALVORD-I have, sir, for a long time been be seen or felt among us. He was a native in the habit of occasionally coming from my native of the county of Onondaga, which sent him county as its representative, upon the floor of the accredited to this Convention. He had lived Legislature of this State, at this city, but never, there during his whole life up to this time, sir, through the whole history of my life, have I and has ever been trusted and honored by been called upon until now, to speak upon an the citizens of his native county, not only in occasion like this, and I deeply feel the great respect to the local positions which he has held, weight that rests upon me; because, more than a but in respect to wider fields of public trust, to colleague, more than with me, a native of my which he has been assigned. He was first elect-native county, I have lost an honored and a ed as Surrogate of the county of Onondaga, and dear personal friend. In a moment, in the twinkwith diligence and fidelity discharged the duties ling of an eye, without any consciousness of the of that position. He was afterwards, two years effort that was made to destroy his life, he ago, assigned to a wider sphere of public action, sank at once, without an exclamation, into the having been sent to represent his own Assembly arms of death. Sir, we are about to bear his District in the Legislature of the State. He remains from here back to the county that gave came here without experience, but a knowl-him birth; we are about to bear them to the arms edge of his professional character gave him a of that family, who have surrounded him in the position upon one of the most important Commit- past, and who have looked up to him with tees of the House,-that of the Judiciary,-and confidence and with hope and with love; and it is by circumstances which prevented the personal necessary also for me to say to this Convention attention during a great share of the session of that we bear him not only to those who are atthe chief of that Committee, upon him was de-tached to him by blood, but we bear him to a volved during the first term of his legislative family of mourners of almost the entire populaexperience to a considerable extent the molding and tion of the city of his residence and of the county shaping of the legislation of the State. He was of his birth. Deservedly high, sir, he stood in returned again the last winter as a representa- the estimation of the people of that county; tive of his district to the Assembly of this State, deservedly high he stood in the estiand the rare intelligence and the industry which mation of all who ever approached him, he had previously brought to the positions which and I trust in the God that rules over us, that the had been assigned him the first year, properly led warning which has been given by his sudden deto his designation as the chairman of the Commit-parture from amongst us, will teach us that "in the tee upon the Judiciary. And, sir, there are many midst of life we are in death," and will so impress gentlemen here present who can testify to his upon our minds the necessity of doing what shall wisdom, to his industry, and to his intelligence remain for us to do in this world, that we shall as the chief and leading member of that com- do it diligently and well. Mr. Hiscock, mittee during the last year. I do not propose, sir, was born in the town of Pompey, in the sir, to enter at length into any statements in refer- county of Onondaga, in the year 1824. ence to the character of the deceased. I can of a farmer, commencing in early life, under the say that, while he was not distinguished for necessities that crowded around the family, as a brilliant qualities, he had those substantial traits laborer in the field, but soon emerging from that of character which ever gave him influence and position in the community where he was known, and those will be the sincerest mourners at his grave who have known him longest and best, and who have been enabled by their knowledge thus derived of him, to place upon his character that just estimate to which it was entitled. But that career which had opened so auspiciously for him, has been suddenly terminated, and, it seems The son position, anxious and desirous to permit his intellect to grow and expand, he stood outside of the family circle, and with his own hands, and with the work of his own brain, brought himself to the position which he occupied but yesterday. Sir, upon him had leaned those brothers of his, younger than him in years, and he had brought them up alongside with him, also to the position of eminence and honor in our midst. He has been eminently sir, from the beginning, to the end of duty here to say, that I believe that I know, that his career, a self made man, working out with none but a coward heart would have planned, and his own intellect and with his own arm, all posi-none but a murderous hand would have inflicted, tions which have been given him. I cannot add upon an unwarned victim, the blow such as was upon this occasion anything more than what has struck upon this our friend. I, with the colleagues been said by my colleague in reference to Mr. of him who has departed, leave it for this body to Hiscock, and I leave with him also, to the body take such action upon this matter, as they may of this Convention, such course as they shall see fit. deem proper to take upon this occasion. Mr. FOLGER offered the following resolutions: Resolved, That this Convention assembling this day in sorrow for the sudden and violent death of one of its members, the Hon. L. Harris Hiscock, will, as a mark of respect for the dead, when it adjourn, adjourn until Tuesday, the 11th inst., at 11 o'clock A. M. Resolved, That a committee of eight be appointed by the Chair, to accompany his remains to the place of his late residence, and to represent this body at the place of sepulchre. Resolved, That the officers and members of this body do wear the usual badge of mourning for thirty days, and that the flag upon the capitol be held at half-mast until after the burial. Mr. GREELEY-The long adjournment which is provided for in the resolution is the only part to which I object. The rest I wish to have passed unanimously. I simply desire to have that part proposing a long adjournment stricken out, which will leave the remainder to be passed by a unanimous vote. I trust we will have our committees appointed before we make such adjournment. The PRESIDENT-Will the gentleman from Westchester [Mr. Greeley] reduce his amendment to writing? Mr. GREELEY-I simply ask for a division of the question-to leave out the part providing for a long adjournment, and take a vote upon the rest. Mr. WEED — To receive the tidings of the death of a friend, stricken down under any circumstances, is sad and appalling; but to have that friend stricken down, as it were, by your side, in health, in the full vigor of manhood, is terrible. Last evening the deceased was for a few moments before his death, in intimate, friendly conversation with myself, in the full vigor of his manhood, and in full health and strength, when in a moment the ball of the assassin laid him low. As has been well said by his associates, and those who have known him intimately from his boyhood, the effect upon a friend is such that words will not come at his bidding; but, as a friend, and, as one who, though living in a distant part ofthe State, has been for the last two years intimately connected with him, I deem it my duty at this time to bear my tribute-my poor tribute to his memory. He, for the two past years, has been a member of that body of the Legislature of this State that has held its sessions in this Hall, and I too have had the honor of a seat here during those two years. Differing widely upon many questions that came before that body, still, from the first until the last, our relations have been intimate and of the most friendly and kindly character, and I here, at this time, bear tribute to his ability, his honorable deportment, his noble heart and his kind and gentlemanly ways. I deeply regret that this sudden act should have taken from this body one who would have Mr. E. BROOKS-I hope, Mr. President, there been a valuable member in it. As the substantial will be no division upon the question. I think head for the past two years of the law Committee that the appalling tragedy which has just taken of the Assembly of the State of New York, his place must so impress itself on the minds of every duties there were arduous and responsible, but by member of this Convention that the interval of his untiring industry and his ability he performed time which is suggested by the resolution that them satisfactorily to that body, and I believe has been submitted will produce no delay in the satisfactorily to himself and his friends. As I proper deliberations of this body, and will result, have already said, not only my legislative relations individually, to the good of each of its members. with the deceased have been of the most friendly I think there will be no unnecessary delay, character, but my personal relations have also been because the President of this body is already equally friendly, and I fully concur in the sympathy charged with the appointment of the respective expressed by those who have been fortunate Committees of this Convention, and during the enough to have lived in the same community with interval of time between now and Tuesday next, him for all, or nearly all, his life. I, Mr. Presi- those committees can be as well prepared, dent, one with the passions and frailties that or will be properly prepared and considered mankind is heir to, do not at this time feel to judge by the President of this body. Sir, there is harshly of him, who, in violation of the laws of a great deal to be done, I know, in this convenGod and man, has seen fit to strike from ex- tion. I hope it will be done with that deliberaistence our friend. The laws of man say, that tion, consideration, and care, which become the man shall not be the judge of his own real or objects which have convened us together. I supposed wrongs; the laws of God say, "Ven- believe in a proper diligence in business. I believe geance is mine." He who last night shot in doing what we do, wisely and well. I do not down our friend violated both. We do not think that either the necessities of our constituand can not ever know the thoughts and secrets of the heart of our friend; his life is closed, his heart is still, his manly form will soon be placed beneath the sod forever. We do not know the passion, the frenzy of him who struck the fatal blow, but we do know, and I feel it my ents, or the public interests at large, will suffer by the adoption of the resolution as it has been submitted by the gentleman from Ontario. [Mr. Folger.] Mr. GREELEY.-The fact is exactly opposite from what the gentleman from Richmond [Mr. E. |