A
,, secure 'to'_ theinsel_ves,_Marrtl to
. _ _ _K.- L‘ n:A .
_._, - --A A
NEW-YORK .I7EGISLATU_RE.' I
ALBANY, -Aug. f2.‘—4Tlie _'Senate' liaving
convened, ,ar‘i_d the usual ,pr'oce‘edirig_s gone
through with, _tl_ie-Message ofthe. Governor
was received, ‘and’ read ‘by the clerk; filler
wlii_cli Mr. Green submitted the followiiig : '
‘ffiesolved, Tliat‘§il1”cc'tll€'last ailjournrrient
ofthe legislature-,notli_ing has transpired with-
iu;.tlrc.lettei' or spll'l_l,-Oflhfi .C0I1SFilUll0!1, Te;
qiriring an extraordinary session at .t_lris time ';
and, therefore‘, the proclairiatioii of the gov-
ernor convening the same, is not _warrarrrte_d‘-
by the constitution. ’ .
" Resolved, That inasmuch as the transac-
tion oflégislatiye business in o_betlieir_t:e to a
proclamation thus indiscreetly issiiet_l,aii_d es-
pecially in relation to it subject which "had
been repetitctlly discussed and acted upon by
tlie_l'egislatui‘e at their ‘last meeting, would -
sanction a mecedeiit ofdangerons teiitlency_;
and that itis due to the mérubers_of the lcgis-:‘
lature, asqwell asto the ‘constitution turt_l__er
which they sit, and thesoatlr they have taken
to supporti-it, :'ts't'o the highest and best inte-
rests oftheir constituents,‘ that they should
{oriiliivitlr adj"ourn—-Tlrerefo_'i'e,
Resolved, (if the Assembly concur,) that the
two houses will immediately adjourn, to meet
again pursuant to law; ‘ .
Ou'ir'rotiori «=fl'vIr. Bowne, the message and
‘resolutions were _ordered to be printed, and
their the Senate 'adjourrietl.
1n. .dssembly.--The inemhers having cou-
lveued, and gone tlrrougli wit-li _t_he astral lor-
ma.lities,.tlie Governor’s MESSAGE.-~\v-as re-
ceived, and read by the Clerk as l'ullo\vs_:
Gentlemen ofthe Senate andof the ./1ss_enrbl;i/.
In the coiistitirtional exercise of apowei‘
tlélegatetl to the executive, I considered it a
sduty to convene tlie'Legislatiire for the ptrr-
‘poselof subinit'ting to them a subject of vital
iurportance to the commuirity. _ _
I A copy of the proclamation under ‘which
‘you were called acconipanies this message,
-containing a brief summary of" the’ CHIYSES
-whiclr induced me to adopt t-lre~m‘e:_i_surc;-and
-it is submiitetl "to the legislature, untldr a" ftill
corrviction, that in converting them, I liiltte
.peyfo|'fned a duty requiretlt of me bytlie. re-
sponsible sitiratioir fll_'i9lllClt‘.I \vn,s_plI=<iE’L'tl,3|l1¢l
by the stioiigflziritl -vcry"decidcd sentimei_it_s of
the people ofthis state ; and confidiugin the
’ calnr and dispzrssioiiate consideration, wliich
a wise and patriotic legislature will bestow
.upou the matters tlitis submitted, I cheerfully
~i‘epo5e_ myself upon the intelligence and vir-
‘mo of the people and their representatives,
-fully aware of the responsibility I have assu-
-ritctl; and, ’ be assured, gentlemen, wholly iii-
-tlilfer_éiit to personal consequences, when per-
forrniug a S:‘.Cl'€d_all(l impressive duty to the
I.'ctate._ -‘—"-'.I‘ll(’tt‘O- are certain furrdarrieirt:il
-ll‘tl1l)§:‘ in the theory and practice of our gov-
ernn_ie'nt, which cannot be altered or obscur-
ed by the" passions of riiaii, and which, car-
_tainl_y,.' ought to beirdto their interest or con-
_venie_irce. "By one of them is inculcated a
pririciple, in the support ofwhieh otir forefa-
thers f'ought'arid bled, and which can never
be lost sight of, without the loss ofonr riglits
and indepciidcnce. ‘It is, that tlieapeople a-
'_lonc are the true and legitirriate source of all
power. The framers of our new constitti-
tion, A fully‘aware'o_f_this, were detcrnrined to
osterity, the
'blessi‘rrgs’ of [rec(l0nI';by,rrrUs! se ulously guar-
ding every uavcnue.,ttj_-‘corrupatioii and intrigue,
by tlie"”e'irlargéitient'}pf Ithe riglrt of sriffrage,
the permanency ‘and in'tl'ep_endenceofour ju-
diciary, arid the dependence ‘ofthe executive
‘and legislative branches ofonr state upon the
-will and pleasure of'iheir'co_nstituents ; and by
thus'halancing' the tlifferent powers and parts
of the constitution, vigor and safety to the
"whole were c'onuuunicatetl' and secured. A
fr‘e_qii‘eiit recurrence. tlier"efore, to first princi-
iples-,'hoivever familiar, is in_tiines oftlifl‘ictrlt_v
and danger, the most certain safcgtrardjof our
freedoirr.-'-———-lf, then, asiour bill ofriglrts de-
' clares,‘ “ no authority shall, on any rretence,
,be-excrcisetl o‘ver~the citizens ofthe state, but
such as shall be derivcdfrom. and granted by
the people of this state,”‘liow iutere's1ing to us
all ‘to execute our duty as good citizens and
faitliful ofiicers, by a strict and uirdeviatiiig
adherance to the public will, when clearly as-
certained aud fairly ‘expressed. "Regardless
’ of the conflicts of passion, iliercseliitiiieots of
disappointed ambition, and the <':orrupting~in-
fitierices'ofiniii'giie and faction,-we should pro-
cced to the exercise ofthose acts, which will
secure to us the approbation of otrr own con-
. sciences, anti the approving voice of impar-
tial posterity. . .-
Yon will perceive from the proclamation by
which you are convened, ‘that the sirbject in
relation‘ to \VlilCl‘]rj-'Oll are C-tlllE‘Ll,liHS reference
to a ver__v. interesting par.t'ofour governurent——-
the"-choice of‘élector‘s‘of 'Prcsitlcnt and Vice-'
‘President ofthe United ‘States. '
-. V-Vlieri we l'uok.at. the constitiitiori o.f'the
general Governiricrrt, and coiisidc'rthe1'expo-’
sitiou"which avast majority ofthe Union have
given i()”i.ilill part of it which relat.cs’to‘this
iitiportaiit siibject, we cairirot entertain a rea-
.'>'0ll'dlJlC‘-(lOUl.)l that the spirit and‘ good sense
oftbarjristriiuzerrt, is best consulted by giving
to the people the l.‘llOlCC of.tlrose electors. ‘In
no less than nint.-tccir‘states.outofthe twenty-
four,‘ the electors are chosen" by the people;
ilnil ‘ll ren'de.retl lriglily probable‘ fijo’rn_ re-
cent events, that \”cr_inont will be addeti,to
the number. ' A principle, then, so t:dn_feniEi‘i
with the feelings of the people, so déeply in-
terwoven in the very form and structirre of
our government, and so peculiarly adapted to
the fair and legitimate exercise ofthe right _of
stiffrage secured to_us_ by our state coristitu-
tion, can never be at war with" the honor,
‘peace, or safety ofotir coirntry. _ Adverting to’
‘this principle in the m'e_ssage,I had the honor
_.v,i_l:i,i_liiS_.})0it1t..0l‘ view, 'I;'d'id~.not-consider tire.
:ultiiii'ate success~‘o‘_f' any pfoposed amendment
fhr_oirgboirt «the..United -Statcsuimrnediately
"material or impoitant ; _as'I ,'was‘persu'aded a‘_-_
iry aiirendtneirtj proposed by fC0D8l955 "9li.l‘,]i
at all times betreated with-_d_efe”rerrce’E1iid’re-:
spect, and n1iglit_liave_b_ee_t) adopted in [J.lfIfl'.
‘cipleby this state‘ in seasoii_- for the approach-
ing election ofPresidoiitand‘ Vice President‘
ofithe-.Unit-ed States, ,I.\.V8S confirmed ll,‘ ‘"9;
view thus taken ofthe srrlrjedt, by the elabor-
‘ate report ofthe comruitiee of the senate of
r
.this ‘state, whicli, whilstit reconrniendéd to
' :"fli'at“bod-y not to pass a lawgiving the people
theriglit to choose the electors, stated, among
otlierlreasons for its recommendation, that‘ it
ought not to pass,'until at least the efforts ma-
king in congress to amend the constitution of
the U. States were adopted" or rejected.
It is true,‘ that the~'Senate of the U. States
hadiudefinitely postponed the subjectbefore
*t_li'eVadjotrr'nrnent.ofthe-legislature of_this state
oftiii the house ofrepresentatives,'arid might
« have been even called upaiitl re-considered
iii the senate. - L c=- " ‘ l
- It was also known, that it was intended by
those friendly‘. to" the nreasures, to bring for_-
ward the consideration of the same subjectin
the house ofrepresentatives, after the Senate
ofthe’United States had indefinitely postpon-
ed it; and this was alone prevented by the
'inany other important topics, whiclr pressed
rrpon the iirrincdiate attention ofthe national
legislature,-until at lengtli.-it.a(ljour'ricd with-
out perforrning an act to which the nation had
‘looked with deep solicittr_de' and interest.
‘Thus, tlrclropes of the senate oftliis state,
and of.it’s, house ofasseurbly, were disappoint-
ed ; and nothing l‘e!ll1lili8d~il'l this extraordin-
ai'y.crisis,but'to exert that power which the
coristitrrtion ofthe state, for the benefit of the
people thereof, had delegated to its executive;
or quietly to SlIl'fel' the wishes and expecta-
tions of the people, and of their lcgi_slatur_e, to
be frustrated. ' ‘ ’
anti deliberate review which I took ofthis sub-
ject at the time oftlieadjo'urnineu‘t ofcongress.
Very soon after the coiriinenceineiit ofthe
session in January last, a bill was introduced
into the house of assembly, in accordance with
the prevailing sentiments and wishes of the
people; and- notwithstanding much discussion
position was expressed to its general principle.
‘The bill passed the assembly with uncom-
mon uuanimity, only foirr members voting a-
gainst it.~ It was then sent to the Senate,antl
the committee to whom it was referretl nrade
a report,-to which I have alr'ea‘dy alluded. A
majority of the Senate thereupon "solemnly
tlcclared, that it was expedient to pass a law
at the then se.ssio’n of the legislature, giving
to the people of this state the choice ofelec-
torsof |1't'e§itl'eiit and vice pi'cs_itlent of the U.
States, and by a general ticket. Its almost
inrmediate and sirnultaneous postponeiuciit by
the senate till November next, may have been
produced. by the fact, aiuong otliers, that as
coirgress was still in session, it would -be prop-
er to learn the sense of that body before the
bill was finally disposed of.
Ifthis, or some other reasons" equally well
founded, did not exist, it would be viewed by.
the coririrrnnityas a singular phenornenou,tliat
.-r moactrro grvrutilltitl on a general principle,
conctirred in by two branches of the legisla-
trrrc, .-should in the end‘ be defeated ; on the
contrary, I was bound to notice the declara-
t_ion made by the Senate and assembly, and
to believe that those lioiiorable branches ofonr
government were willing a.iid desirous ofgiv-
ing to tliepeople the right of choosing the e-
lectors.————If these circumstances grew out
of thefact, that the senate of this state hail
postponed the subject, in the hope that cori-
gress might, still interfere, by recouimentliirg
air-amendment, then, as soonas congress ad-
jourued, w-itlrorit doing so it becamemy duty
to convene the legislatirre at an earlier period
than the day fixed by law, and to which they
stood adj-')iii'ncd, to afford tlienran opportuni-
tyofpassing the bill .so anxiously required
and expected by the cornmiuiity at large.
It became a duty, fromtlrc many extraor-
dinary circrrmstanccsconnected with the Incas-
ure, from the constantly increasing solicitude
of the people in-its favor, and from a due re-
gard to the honor ofthe state. ' _
If, under such peculiar circumstannes,I had
hesitated to pay ajust deference to public serr-
tiurent and legislative‘ declarations, it worild
have siibjected inc‘ to the riierited reproaclies
of a free and enlightened people. Having
thus performed wliat,in the view taken oftliis.
liiglily irnportaut subject, I considered an irr-
curribent duty on my part',it now reinaius with
you geirtlemen, to adopt such a course with
regard to the clroice~ofelectors,as you in your
wisdoiu may think most consonant with the
wishes and expectations ofyour constituents ;
and iii recoiriineritlingtlie passage of a law
giving it to the people, it isalso satisfactory to
me to reflect that its adoption will occasion
no additional -expense to the state, as the ne-
cessity otherwise of your again meeting in
the month ofNovember next, will be thereby
obviated and removed." ' A _
Should the legislature be engaged in any
other business than the immediate purpose for
which it is now called, or in "the unfinished
brrsiiiessofits last meeting, I wou'ld then rec-
ommend the propriety ofinvestigatiirg anoth-
er: subject, which I consider as connected with
the safety of'our citizens, and the prosperity,
ofonr state. The deep interest wliicli is so
justly felt in our" steam boat navigation, and
the fatal ‘accidents which jlliave recently iat-
tended tlt'e operation ofifs machinery, in sev-
eral instances, indicate the necessity ofan ear-‘
ly iriquiry into the causes dfth_ose misfortunes,
and of adopting regulations, by law, for iii-
“? Sella’ 3"’“.l“ J“'"””Y lash I €«‘iP|’€SS.€d my, ‘specting, at stated intervals, or for‘ otherwise
full coiivl_cti'oir, tltatitivas a desirable object
directing such choice to be made by the peo-
‘ple; and, I am free to acknowledge, that I
‘c,-onsideretl 'it also importa‘nttli'at'it. should be
'4 .'tt§_’lf_:lll_iJr,fli_ ,lliro‘ughout’ the UlllOl'l.,'_ jand ' that am
teifercnce by t,helegislaturc, whilst the sub-
; __ _ye_c_t, was..before_Eongress,would be premature
tpassirig a_l_‘aiv. .
.-‘-'-‘tlral reasoii, however, by the recent adjourn-
: -merit-oftliat body, has ceasedto_c:~.'ist. -
.- "A,lthouglr-tlre number ofstates in which the
legislature make the choice ofelectors is small
'yet'l knew ofno mode iir which theolrject-u .
-lutled to could be ~at__tained througiroottlie on-
ion, but- by the inter ventiorrof congress, or- by
_ the legislatures ofa constitutional majority of
:Ill6_'Sl_:ll.(‘h‘; and Idid entertain the belief that
_tlie incipient step would be ial'tep’by coirgress,
and that when taken, it would furnish a basis
11.. . .. _._..ilarurc oftlr;s,,=._tzgi;e,g,t;__;,=t_c_c ppnn m
..-
ascertaining tlie- condition and safety ofthe
apparatus used in such iravigatioiifito avoid,
in future, as far as practicable, the awful corr-
sequences arising froin rnisinanagement -_or
car_elessuess._ _I(‘.aliIl0t forbear, at this extra
session of the legislature, to incritioir t_lie airti-
cipations so fondly cherished by the American
people, that the only sur'virfirig‘geriei'al ofiicer
ofthe revolution, the friend "and companion
of \Vashington_, and who has been so conspic-
uous for lns disinterested patriotisin and de-
voteduess to the liberties of man, is expected
shortly to visit_o_ur country,‘ ,_Vl[it_l_1 rhenfing
.ofFayctte,..are associated the. most_ tender
and interesting‘recollections ; anti that coun-
try, whose indepeiidencexairtl freedom he so
essentially contributed, toestablish, can never
.be indifferent to-lris_wel,fare, nor be wanting
in the hospi~talitic,s duet-orits noble benef.-rct'or,
I doubt not gentlemen, that you‘ willarltrpi
a
2 -. Mr.~Flagg submitted
:in:i}x_pril last; but still it remained tintlisposcd
Permit mc,briefly,, to allude to the calm
upon the provisioirs of the bill, very little op--
sticlimeasrrres forréceiviugtlri's‘-tiistinguisltfid
pat'riot,j'at_ t~lie seat of govern"mei'i_t,. should lie»
visit this city,“as will do honour to a grateful
people. ’ JOSEPH C._YATES. -.
. <Tlt_e_'_‘u,sual number of cop,ieS'0,_l' File M35939
svere.o_'rrlered to be printed. . . _ _
:1» set 0_f‘l'e%0llIil0l15'
similar to those proposed _to the Senate by Mr.
Green, whicli were laid on the t’41l’le-
~ Mr,.'}‘a||‘m;,d,gefinovetl that the Message be
referred toa committee oftlle whole, alld
nia_de-the order ofthe day fol‘ l0‘m0|'l'°‘.‘V- _
’ Mr. Flagg observed that lieghad no objec-
tions to this course, but‘_as be believed that no
extr:iorriiriai'-.y occasion called, for the conven-
ing of the legislatiire, the fewer ceremonies
that attended it the better.’ He wished to leave
as. i'eti_r vestiges of the meeting as possible,
uporr_ the recortls ofthe house.
Mr. Wlieaton hoped the irressage would be
referred to a loorirmittee of the whole, because
it was decprous to the executiveand the tistial
course, both at ordiriary and ext_raor‘diuary
sessioirs. Hecould iiot discern the senrblairce
of air argirinentiii the remarks of‘i\1a'. F.» why
this message should be treated differently fror_u
others. Is it because the subject of‘wbiclr it
treats is insignificrrirt ?' Tliatgeutlenraii mIIS1
admit that tlrejsuhject was of vital iinp_ortance
to tlie'pcople. Iflie had made up his mind
that the call wasunconstitutional, yet it could
not be supposed that other members had come
with their minds equally‘ prejudged iiporrtlre
qirestion. Mr. W. wished not only that time
uriglit be given for reflection, but that the
coururrrnication nright betreated with respect
by the course in which it was disposed’ of.-
He was willing that the resolutionsoftlre gen-
tlernan'slroi.ild take the same cotrrse, and the
.wlrolc matter would then be open for reflec-
tion and free and ample tliscussiori. .
Mr. Flagg proposed that tlieniessage be
referred to a couiinittee cf tl_ir_ee. He expres-
sed bis surprise that the geirtleinair should
now be so desirous for timeto refipct upon 8
sirbject which had occupied a large part of the
session last winter. At that tiure no reflec-
tion was uecessary, and the house were called
to pass immediately upon a long hill _\VlIICl1
the gentleman had prepared at home. Ifthe
message embraced a‘variety 0f~l0P|C5 ill?”
ruitzlrt be nrorc need of reflection.
Mr. Crary remarked that it should he re-
membered that the executive was a co-ordin-
ate branch ofthe government ; and before we
u‘udertalt'e to arraign the governor,it would be
well to examine into our own conduct. Are
gentlemen now willing to avoid coming for-
ward in support ofa measure for which they
voted last winter? The bill was then Passed
almost iiriairiuiously, foirr incnrbers only vot-
ing against it. And will they now show by
their acts, that their. vote was hypocrisy?
'I‘lrert=. wasno difficulty in the present-case.—
Legislation was like other ordinary business
—-autl where men have a fairand boua fide
coming directly to the object. ‘Instead ofthat,
the first thing is to arraign the executive, for
exercising a discretionary-power, with which
we havnnotliiug to do. 'We have no more
riglrt to interfere in prescribing its exercise,
than in that of °pai'douiug a convict. It‘ was
not competent for this house to impugn the
rrrotivcsofa co-ordinary lrrairclr, and say they
are not prrre. But be that as it may—tlie
people of this state have approved and sanc-
tioned tbe act.-. And are we not legally as-
sembled? — Why did the gentleman from
Clinton, (~.\Ir. F-lage.) leave home, if the proc-
lamtrtioir is rrncoustittrtional and a dead letter?
‘By coming to this place, the legality of the
call is adinittéd. But even if doubts existed
as to the correctness ofthe mode-,by which we
have a-ssemhled, yet being here, and dirly or-
ganised, let us‘ meet the question in a manner
which shall be worthy of the representatives
ofa free people. There are not, said Mr. C.
twenty iuembers of this House but were elect-
ed undera pledge to give the people the choice
ofelcctors, and where, he asked, is the guilty
wretch who would betray a free people? Eh 3
[I can convey no idea (says the editor of
the Statesman, who was present) of the em-
phasis with which this last question was pot,
or the iiidiguation and scorn which accompa-
nied the utterance ofthat little monosyllable
at the close. The warmth and enthusiasm of
the member communicated itself to the galle-
ry, and occasioned a loud clapping]
Mr. Flagg observed, that as the remarks of
the gentleman from \Vaslrington (Mr. Crary)
scented to be ofa personal cliai'a_cter, he ho-
ped the house would indulge him in afeiv
‘words by way ofreply. The term hypocrisy
had been used. How far it applied to him
(Mr. F.) he would leave for the gentleman
from Vrrttsliiiigton to judge._ He would appeal
to him (Mr. C.) to say whether he‘ had ever
been found skulking behind the question. He
seems, liowever, to assume that in voting
for the electoral law last winter, he (Mr. F.)
was not actuated bv the same noble seutiinents
as himself. Mr. F. would not in return im-
pute hypocrisy to that gentleman for the sen-
timents of respect wlrioli he now professes to
entertain for the Executive. Brit it was not
so once. Tlurt gentleman-asks, (said Mr. F.)
why I came here, ifthe call was not warrant-
ed by tbeconstittition-? To tliisl answer that
itis not for. an individual to decide upon such
a question. But when we have come togeth-
er, it is. in our_ official capacities, a proper sub-
ject of iiiqiiiryaud jnvestigatioii. “’c are
botind to say whether the Governor had con-
vened us _co'ns'ti_tuti_t_rn_ally or not,—forlr‘nwever
wise and enlightened and patriotic our pres-
ent Executive may be, yet__if the act be in it-.
s_elfiincoiist'ituti_onal, it may,under the admin-
istration of aweak or wicked,Go,ve,ri_ior, be‘
drawn_ into a precedent. Mr. F. was there-
fore’ unwilling to leavesuch a- precedent on
the records ofthe house; and with respect to
the popularity ofthe u'ieasure,he dissented al-
together froiu the opinion expressed by the
gentleman from VVashington. ‘So far as‘he
had-been able to learn, it had been received by
one part of the community with disgust an d
by the otlierwitlr contempt. .
Mr. Crolias made a few observations on the
question of order, in the. cotirse ofwhicli the
Speaker remarked that upon further re,fi-ec-
tiou he shotild decide that the substitute was
ootiu‘ order. — - » .
Mr. Tallmadge then rose and said, that as
the motion he had the honor to mak-e,was now
decided to be the question in order,.lie would
simply remark", that liowevey high the spirit
of party might go, or to whatever results the
reflections of our own riiinds mighth-ave led
in prejudging-the question, yet he hoped lhat
a'seuse of propriety and decorum would in-
duce the house to treat the‘ message which
purpose toattaiu, there was no difficulty in»
had been read, with decen_cy~‘and_r-esp_ect.——
Let it be referred, said Mr; .T. to a committee
of the whole, as in the u'Stl7tl_COl_lTSe,0l' busi-
ness. I have anticipated much light and in-
formation‘ from the gentleman from Clinton.
-Let us have the full benefitofthat liglit'ai_id
that information. in an open, frank and rrrtirrly
discussion.‘ Iftlre motion is denied, 3 com-
mittees of reference will have to be raised in
the house,,on the subject .oftlre_ electoral law,
ofthe steam boats, and of La Fayette. Willi-
, out wasting further time upon thesubject, he
would conclude by expressing his hope that
this message would be treated in the ordinary
way, and referred to a committee ofthe wiiole.
Mr. L. Smith iuoved that the house arljourn;
which being carried, the house tl(lj0lll'llC(l un-
til to-morrow nioru_iug- at 10 o’clock.
Senate, flzrg. 3.—Mr. Green’s resolutions
censoringtlie-Governor for calling the leL’.iS-
lature together, and proposing an iminetliate
adjournmciit, were adopted—-tlie first 22 to 9
-—‘-the last 9.7 to 4. A resolution declaring it
expedient to pass the Electoral law the pres-
ent session was rt=jecte'd, 21 to 10.
./1ssenrbl_y._./fhig.3.—Tlie Speaker stated that
yesterday the gallery had manifested an iircli-
nation to appla_ud ,or censure the speakers,
and lieobserved tliatslioirltl it be repeated the
offenders wouldhe lrroirglit to the bar of the
house, and punished as they deserved.
Mr. Flagg called for the consideration of
the resolutions submitted by him _vestei'day.
Mr.Barsto\v and others objec.ted,on the ground
that the business before the house yesterday
when it adjourned, should first be taken up';
btit the Speaker decided that .\.lr.Fla;1g’s mo-
tion was in order, and the resolutions were ta-
ken rrp and read; after which they were or-
dered, lry a vote of68 to 55, to lie on the table
till to-morrow. _
The house then resolved“ itself into com-
mittee of the whole, Mr.Bald\vin in the chair,
on the governor-’s message.
Mr. lVheaton, after sotrie able and portin-
ent remarks, offered the following rcsolu'tion :
Resolved, as the sense of this committee,
That it is expedientto provide by an act at
ilie present session, for the choice of the pres-
idential electors by the people.
The chair decidedthat the resolution was
otrt oforder, and Mr. Crolilrs appealed from
the decision. and was supported by Messrs.
Wheaton. Barstow, Crary and‘ Tallmadrzc,
and opposed by Mr. Roger. i\I’Clure, Speak-
er, Hubbard S: Flaeg. Though the debate
was on a question of order, it assumed a wide
range, and the merits of the main question
were entered into at cousiderable_ leugtli.
In the‘ course ofthe preceding debate, the
Speaker rose anti annorrnccd that a message
was sent from the senateto the house, and
signified his intention informally to resume
the chair, to receive the sauie. Mr. \Vheaton
begged leave first to explain on some remarks
which had fallen from Mr. Flagtz. which was
granted him. Mr. Tallrnadge then rose to
speak ; but the speaker observed that he had
once waived his right of resuming the tzhair
to accommodate the gentleman from New-
York, but he should now take it. Mr. T. said
he lratl a‘r‘ig'litio the floor. but he did notdis-
prite the right of the speaker to resume the
clrair,‘and he slioultl keep his place rrntil he
had‘ done so. _ The speaker their took his
place; when it was announced that the senate
had passed certain resolutions, (for which see
senate proceedings) and seirt them to the house
for_conctrrrence.——l\Tr'. Livingston then nio-
ved that the house concur, htrt the speaker did
not put the question, and left the chair that
the committee might proceed with business.
Mr. Liviiiigston their moved that the coin-
mittee rise and report, which motion was lost,
58 to 57; when cheering commenced ‘in the
gallery.
Mr. Tallmadgc again resumed the floor ;
when Mr. Warren wished the speakel‘ again
to take the chair, that the persons in the gal-
lery guilty of indecorum, might be brought to
the bar ofthe house. '
Mr. Speaker said he would not take the
chair, unless with Mr. Tallmadge’s consent ;
but suggested to Mr. T. the propriety of ris-
ing and reporting, that the offenders might be
brouglrt tojiistice. Mr. T. observed that if
they did rise and report they might not get
back again intothe committee of the whole,
and he should proceed with his remarks. He
then spoke for near an hour. in his usual elo-
quent manner. in support of Mr." Wlie-.'.torr’s
resolution. Brit before the question oforder
was decided,a motion by the speaker to rise
and report was carried, Ayes 60, noes 51.
Mr. Livingston‘ reirewed his motion to con-
cur in the resolutions from the senate.
Mr. Wlieaton then offered as a substitute
for the first resolution, a concurrent one that
ajoint committee from both houses should be
appointed to draft a bill in conformity to the
wishes of the. people, and he supported his
motion at considerable length, and with great
ability. Mr. Pell did not object to the res-
olution offered as a substitute, but he thought
it was uo_t poiirted enough. and as he wished to
ascertain the precise sentiments ofthe house,
he offered arcsolution as an amendment to‘
the substitute, which went to declare that the
house would not adjourn till the senate had
passed or rejected the electoral law. if they
had to stay till the first Monday in November.
He subsequently withdrew his resolution and
declared he sliotrld support Mr. 'W’s substitute.
Mr. Vvaterinan. followed in a speech of
great length, in which he attempted to D|'0V8
the unconstituiionality ofthe call ofthe legis-
lature. Vllhen, beliad finished, it being half
past three,the house on motion of Mr.M’Clure,
adjourned till 10 o’clock to-morrow morning.
./1u_¢_rust4.—The whole of this day was oc-
cupiedin debatiug,Mr. \Vheaton’s motion to
lay the resolutio'ns'for immediate adjournment
upon the table. At 7 o’clock, after repeated
calls for__the previous question, and great to-
mult among the members, several attempting
to makeltlieinselves heard at once, and the
spiea_ker,,calling for order, hammering away
upon the table, like an auctioneer.‘ The mo-
tion was piit and carried. Ayes 67-Noes
49. A letter from Albany says this vote shows
an unequivocal determination on the part of
the Assembly to pass, ifpossihle, the Electoral
bill. The moment the Speaker pronounced
the house atljorirneti,- prodigious shouts ofac-
clan/rations and applause burst from the galle-
ry, that the house had laid the resolutions
from the Senate on the table.
We have not roonr oven for an abstract of
the remrrrks matle this day. Gen.Tallmadge '
delivereda very able speech,3 lioursiu length,
in favor ofthe electoral law. The foll0)\‘i|J9,
outline of sotrie remarks made by Mr. \Vhi-
ting presents a correct view of a part of the
sitbject-in‘d,ebate. ‘ M,r.i‘.W. catered into;
boring to establish, ‘as"he 'strcceetled'iu doing
completely, the disti'nctionbet_iveen air‘ indis-
creet exercise 0! of power expressly "granted,
and the‘rrstii'patioir ofa power not granted by‘
sistibleinference, "that thouglr. the power so‘
granted might‘ have been iudiscreetly ex'ei'cis-
legally convened, and in full possession of all
its rights ; and hence he proceeded ' to argue",
that the idea which had been thi'own'oiit,that
anylegislative act done under this call would
be a violation ofthe constitution, was wholly
imteuable. This housewas quite as likely to
violate the. constitution by censuringthe exer-
cise ofa uiscmtioiial power‘ cunfidggd to the
governor astlie governor could be, iiiiuter-'
faring with the proceedings of this house.-—-'
Witliotit denying or afiiruiing that the occ-,_-u
ion is an extraordinary one, he tvouitlinsisf,
that the discretion of judging couceriiing it
was vested in the goveruor,aud that supposing
error in the nratter, it could only be error of
jridgmerrt, which could not be a crime.
./Yugztst 5.——-M r. M’Clrrre pi-eseirted a reso-'-
lution declaring that" in consequence ofthe
proceedings ofthe Senate, frirtlrcr legislation
would be fruitless'and air unnecessary waste‘
ofpublic mone_v.__ Mr‘. VVlieat'oir offered‘ an
umenrlment, wliiclrbe .-tfierwards’ witlidrew,.
and the following, offered by Mr. Reiner,was
passed : l-‘tesolvetl, That it is expmliem to pass
a law at this time, giving the choice-of the e-
lectors to the people. ' ' '
in the afternoon Mr. Spencer offered a res-
olution declaring that the latc proclamation of
the Governor" was anindiscreet exercise of
the executive prerogative.‘ 3/lr. Croliirs made
some remarks, when he was called to order
by Mr. Tillotson as being disrespectful to the
house. Mr. Crolitrs explained, and said that
Mr. Roger had made the rerrrarks imputed to
him by himself. Mr. Roger declared it to be
false. Mr. Crolius replied-——“ When Mr.Ru-
ger makes a cliarge of falsehood against rue,
he says what he dare not say elsewhere. No
genlleman would rise such language in ii place
like this, where he is protected by rules.’’---
The house adjourned without taking the ques-
tion on Mr. Spencer's inoti-on. _
flugusl Slit.-'—Mr. Spencer’s motion was :1-
«zaiu brought irp anti after a tvarm debate was
jinally passed : Yeas 66--Nays 53. Mr. Re-
nter then moved a coucrirrcnce in the joint‘.
resolution of the Senate for agreeinentuvlriclr
was agreed to, and at 5 o’clock both houses
adjourned sine die.
The following: are the names of those who
remained firm to the last in favor of the E-
lectoral bill.—I)‘Iessrs..Barstow, Barto, Bene-
dict, Blakeley, Cainpbell, Coffin, Cook. Coo-
per, Ct‘al'._)'., Crolius, Cunningham, "Drake,
Diriiliam, Dunning, J. Finch, Fox, Frost,
Fiii'inaii, Garrison, Gardiner, Got-e, N.Halse_v.
Jones, Kellogg, Klapp, lil’Crca, Monell,
Worse, Pell. Pierson, Pitts. Rathbun, Riggs,
Rockwell, Seaman, E. Smith, J. Smith, P.
Smith. Stryker, Tallmadge, Thornc, Town,
’I‘re.dwell, Tirrner, Van Beuren, Van Ordeu,
Waslrburn,VVlieaton, \Vhipplc, “’liiting,V\’il-
keson, Wilkin.
From the ./Ilbrmy ./1dvcrl2's.:r of ./Iugust Q.
The extra sess_ion.—Sriclr is the intense in-
lature which convenes this day, that probably
more strangers from abroad willbe present
than on any former similar occasion. Yes’-
terday our principal hotels and boarding lion-
ses were filled to overflowing, and many had
to seek lodgings elswhere. Among those who
have arijvetl, are three members ofthe Brit-
ish Parliament, the Hon. E. G. Stanley, Mr.
J. S. Wortlcy, Jun. and Mr. -J. E. Denison,
now on a visit to this country, who have ta-
ken lodgings at Cruttenden’s.
that among tlie“foreigners ofdistiuclion, now
at the Springs, are Gen. Sobotker, the pres-
ent Governor oftlie Islands of St.Thorrras 2:.
St. Croix ; Mr. Gener, formerly President of
the Cortes, in Spain, andTa representative of
the Island of Cuba ; and Mr. Stantos Saurcz,
also a representative iu'that hotly from the
satire Island—hoth excltrded in the late arri-
nesty ofFerdinand. They are now on a visit
to the U. S. in company with Mr. Drake, a.
distinguished merchant of Havana.
The. utimberofstrangers now at the Springs
is between Band 9 lrtrndred.
C'om°entr'on wilh Russia.‘ Mr. Lucius Bull,
who arrived in this city a few days ago, was
St. Petersburg. By these, it‘ appears that .1
Convention was concluded on the 5fh—17tli
part of the United States, and Count Ness ri-
rode and Mr. Politico on the part of Russia.
VVe understand that the"Conveniion consists
of six articles, in which all the points in dis-
pute between-the two governments are adjust-
ed, in a manner the most honourable and ad-
vantageous to this country.
Tire lst article authorizes the free naviga-
tion ofthe Pacific Ocean. by both parties,and
recognizes the right offisliing, and oflanding
on all points of the “fest co‘-ast not already
occiipied,iu order to trade with the aborigines.
Ed article provides, that the citizens or sub-
jects of neither country _sh:ill land at points
occupied ‘by either without the permission of
the Governor or Comniantlaiit.
3d article fixes the boundary line at 54 do-
not to form establishments, and south} oftvhich
Russia cannot advance. _
4th article allows free entrance, to‘ bot'lrpay-
ties, into all the gulphs, lr‘arirotirs, £~r.c‘. of each,
for the purposes offishing and trading with
the natives. ,
5th article intertiicts a trade in frre arms
and liquors ; and provides that violations of
this article shall be punished, - not by seizure
ofilie vessel, but by penalties, to be prescribed‘
by each gov’t. on its own citizens or subjects.
lith. This article prescribes 'that the ratifi-
cation shall be changed" within ten. months
fronr the date ofthe treaty. ,
This Convention may be regarded as 'a' Slii‘
signal effect of the manly anti independent
message ofonr President totlie late Congress.
Ifthe Emperor _Alex'ander had left it to our‘
government to fix the terms of the treaty,-it
could not more completely have secured all‘
oirr interests in the Pacific. \VBt1()it_gI‘nllllale‘
the country upon this ucwevideucc of the ex-
cellence. of the system which has been p‘urstt.-
ed by our present atluiinistratioirw-—.7V'ut. Joztr.
_discussi_on Ofzllie 'governor.’s prerogative, laa‘
the constittition, deducing therefrom the irre- ~
ed. it was nevertheless not a violation ofthe .
constitution,airdthata legislature convened '
in pursuance ofa call like the present, was .
terest to witnes.-. the proceedings of the legis- A
The Saratoga Sentinel of July 27, says, I
the bearerofdesparches from our iriiuister at: '
April last, between Mr. Middleton, on the’
grees, north of wbicli the United States are ‘
Norwalk Chronicler