Remarks
For congressional remarks that are not speeches.
Mr. Van Buren stated that he had yesterday expressed his expectations that the result now moved for would be produced. A bill of rights, sir, is a privilege, according to the original signification of it, a concession extorted from the king, in favour of popular liberty; but how does that apply here? Mr. Van Buren then went into a history of the origin of bills of right in England, and terminated... Continue Reading
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THE BILL OF RIGHTS.
Mr. Sharpe then moved that the house go into committee of the whole, on the report of the committee on the bill of rights—which was acceded to, and Mr. Yates was called to the chair, and read the bill of rights as reported by the committee—when the chairman being called on for an explanation of the views of the committee,
Mr. Sharpe stated, that the committee had taken up the... Continue Reading
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Mr. Van Buren stated, that as allusion had been made to the probable report of the committee on the appointing power, he would say, that that committee would probably report to-morrow.
Mr. Van Buren. Before the committee rise, I wish to make some explanation in relation to a subject evidently a very delicate one—that of the appointing power. A misapprehension exists as to the intentions of the... Continue Reading
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Mr. Van Buren, before the question was taken, wished to explain the reasons of the vote he should give. There are three distinct propositions before this convention—one, for filling the blanks with one year—another, with two—and a third, with three. He should consider each. One of the great objects of this Convention, to which the people looked with so much solicitude, is the hope that by the... Continue Reading
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On motion of Mr. Van Buren, the Convention thereupon voted to reconsider.
The amendment was read in the words following:
The returns of every election for a governor and lieutenant-governor, or lieutenant-governor only, shall be sealed up and transmitted to the secretary of state, by the clerks of the several counties, directed to the lieutenant-governor, or president of the senate. The secretary... Continue Reading
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Mr. Van Buren called for a division upon this question; which being taken, was declared to stand as follows:
AYES—Messrs. Breese, Brooks, Carver, D. Clark, Clyde, Collins, Cramer, Day, Dubois, Duer, Dyckman, Eastwood, Edwards, Fairlie, Ferris, Frost, Hunt, Hunting, King, Knowles, Lawrence, A. Livingston, P.R. Livingston, M'Call, Moore, Park, Paulding, Pitcher, Porter, President, Price, Pumpelly,... Continue Reading
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The motion was opposed by Messrs. Van Buren, N. Williams, Platt, Sharpe, and Tompkins; and supported by Mr. Spencer, and the mover, when the question thereon was taken, and the motion lost.
A debate of considerable length ensued, in which Messrs. Munro, Tompkins, Ross, Briggs, Jay, Sheldon, Van Vechten, Sharpe, Van Buren, King, Root, and Tallmadge, took part.
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Mr. Van Buren observed that he did not rise to enter into a discussion of the main question before the committee. His only object was to correct the statement of the case (Conklin's) from the county of Orange, which had been alluded to. It had been misconceived, and was a peculiar case. No respite had been granted by the executive—but those convictions were had during the session of the... Continue Reading
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Mr. Van Buren thought such reports would be voluminous, without much benefit.
Mr. Van Buren thought it was proper to strike out of the report that part which requires the governor to report to the legislature all the cases in which pardons have been granted, and the grounds upon which he proceeded; and therefore proposed to divide the question on the amendment offered by Mr. T. so as to have it... Continue Reading
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Chief Justice Spencer said that the judges commonly submitted the minutes of testimony to the governor when pardons were solicited.
Mr. Van Buren thought such reports would be voluminous, without much benefit.
Mr. Tompkins explained and pointed out the inconveniences of the present practice, and observed, that under a new and different organization of the judiciary, the remote residence might... Continue Reading
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Mr. Van Buren, after a few remarks, introduced the following resolution:
Resolved, That so much of the constitution as relates to the tenure of the office of chancellor, the chief justice, justices of the supreme court, and chief or first judge of the courts of common pleas, be referred to the committee on the judiciary department; and that the committee on the appointing power be discharged from... Continue Reading
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Mr. Van Buren thought too much importance was attached to the phraseology of the resolution. The object of this was only to ascertain the sense of the Convention in regard to this feature of the constitution. He was of the opinion that the time of the Convention could be better occupied than in discussing the form in which the resolution should stand. He had no particular objection to the... Continue Reading
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Mr. Root felt it his duty to enter his protest against the adoption of the resolution reported by the committee. However strong, and however true the language of the preamble to these resolutions, we ought to be cautious how we attempt to instruct our senators and representatives in congress upon this subject. Mr. R. did not wish to be understood as the friend or advocate of slavery: so far from... Continue Reading
Sender: Erastus Root
Recipient: New York Assembly
Mr. Van Buren moved to add to the eighth section the following words: "who shall hold their respective offices till a due election shall be made." Carried.
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Col. Young moved to strike out these words, upon the ground that it was unnecessary, and would occupy considerable time. After a few remarks from the mover, the Chief Justice, Mr. Van Buren, and Gen. Root, the motion was adopted.
Some discussion arose upon the 18th rule as reported, which prohibited any member from speaking more than twice upon any question, when in committee of the whole. A few... Continue Reading
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