Series 3 (17 February 1815-2 December 1821)
The resolution was further supported by Messrs. Birdseye, Briggs, and Young, when Mr. Van Buren suggested an amendment to the resolution, so as to let the section stand as it now is, and omit the proviso, which required the thousand dollar qualification.
Mr. Van Buren believed gentlemen were unnecessarily alarmed on this subject. The offices left to the legislature had been greatly exaggerated both in number and importance; and he entertained no doubt that the power would be discreetly exercised. Mr. Van Buren stated his object to be, to relieve the governor and senate from the duty of making these unimportant appointments. Gentlemen seemed to... Continue Reading
Mr. Radcliff moved to insert "secretary of state," and "attorney general," before the word "comptroller," so as to give the appointment of these officers to the legislature. The motion was supported by Messrs. Radcliff and Root, upon the ground that these were important offices, the duties of which were connected with the legislature; and opposed by Mr. Van Buren. Mr. Briggs then renewed his... Continue Reading
The eighth section was then read as follows: VIII. That in case the electors of captains, subalterns, or field officers of brigades, regiments, or battalions, shall neglect or refuse to make such election after being notified, according to law, the governor shall appoint suitable persons to fill the vacancies thus occasioned. A discussion ensued thereon, between Messrs. Root and Van Buren, in... Continue Reading
The nineteenth section, (securing persons in their houses, papers, effects, &c.) was read. Mr. Van Buren moved to strike out the section, as being unnecessary. Carried.
On the remainder of the section, (relative to prosecutions for libels,) Mr Van Buren called for the ayes and noes, which were then taken, and the question decided in the affirmative, as follows: AYES—Messrs. Bacon, Baker, Barlow, Beckwith, Birdseye, Breese, Briggs, Brinkerhoff, Brooks, Buel, Burroughs, Carver, Case, Child, D. Clark, R. Clarke, Clyde, Collins, Cramer, Day, Dubois, Duer, Dyckman,... Continue Reading
Mr. Van Buren thought it would be much better to leave this subject to the legislature. The only inconvenience would be, that the first legislature under the amended constitution would be elected according to the present apportionment.
Mr. Van Buren was in favour of striking out the section, and adopting the article in the present constitution. He dissented from the gentleman from Albany, (Mr. Spencer,) that the Christian religion was a part of the law of the land; and it was not for the arguments advanced by him, that he was in favour of striking out the section.
The 12th section, abolishing the 30th article of the constitution of this state, (relative to appointing delegates to the general congress) was read. Mr. Wheaton moved to strike out this section. He did not perceive the necessity of it. The article in question provided for the appointment of delegates to the old continental congress. When this state adopted the federal constitution, the article... Continue Reading
The motion for striking out was further supported by Messrs. Birdseye and Tallmadge, and opposed by Messrs. Edwards, Van Buren, and Buel, when The Chief Justice withdrew his motion to strike out, for the purpose of having the final question of the section taken.
Mr. Van Buren proposed to modify the proviso, by adding to it the words "unless by the consent of two-thirds of the legislature," to which Mr. Burroughs assented. The motion was put, and lost; when the question on the whole section was taken, and carried.
Mr. Van Buren moved to amend the first section, by striking out Ulster and Sullivan from the second senatorial district, and Columbia from the third, and to transpose these counties. Mr. V. B. remarked that with regard to contiguity of territory, it would be found that the south-east part of Westchester was nearly if not quite as remote from the extreme of Sullivan, as the latter county would be... Continue Reading
Mr. Lansing moved to strike out that part of the section which makes doing military duty a qualification for voting. A long debate ensued, in which Messrs. Lansing, Sharpe, E. Williams, J. Sutherland, Eastwood, Van Buren, and Tallmadge took part, when the question on Mr. Lansing's motion was taken, by ayes and noes, and decided in the negative, as follows: NOES—Messrs. Barlow, Beckwith, Breese,... Continue Reading
The third section was read. Mr. Wheaton moved to strike out the words, "so far as may respect his department." The governor, (said Mr. W.) ought not to be confined in his communications to the legislature, as to the condition of the state, to matters respecting the executive department. It might, and often would, become necessary for him to give them information respecting the judicial department... Continue Reading
The Chief Justice further moved to add the following clause:—"Contested elections for governor or lieutenant-governor, shall be determined in such manner as shall be prescribed by law." It was supported by the mover and Mr. E. Williams, and opposed by Messrs. Munro, Van Buren, and Young, and finally withdrawn by the mover. The second section was read. Mr. Van Buren moved to insert after the word... Continue Reading