The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-07
The state Constitutional Convention.

The State Constitutional Convention.
ALBANY Oct s, 1876.
The Closing Seenes-Generai Reriep-The Married
Women's Section, &c.
We again visited the Assembly Chamber this morning
where the State Constitutional Convention now in ses
sion. The concluding business is vastly important
that cannot but entertain the belief that summary will
be acceptable to you, and interesting the readers of
the NeD York Herald
The new Constitution, adopted by the Convention
hsvng been printed the Convention commenced kind
of review of the whole ground this morning. beginning
with the preamble, which Is as follows =
1--WE the people of the State of New York grateful to
Almighty God for freedom in order to its
blessings, do establish this constitution"
The preamble, after brilliant effort the part OF
Michael Hoffman, in reply to proposal to amend was
The Convention then decided that the trial by jury
should remain nvioate forever but the following clause
left it optional with the parties in civil sat whether
the trial should be jury trial or not But jury trial
may be waived by the parties in all civil cases in man.
ted into the second section Of the first article Of the
constitution
to receive the testimony of witnesses who did be-
eve in the existence OF Supreme Being but this day
the Convention has introduced the following clause into
mo person shall be rendered incompetent as a wit.
ness on account Of matters of religious belief -
fourth section of the first article of the old constitution
which declares that no minister Of the gospel or priest
of any denomination whatsoever shall at any time here
after, under any preence, description whatever be
eligible to, oricapable of holding any civil military
Office or place within this State"
Singular to state after contest distinguished for
ability beyond any thing have heard before in this
chamber, the section stricken out. Hereafter the
clergy OF this State, of all denominations are this
constitution be adopted by the people, eligible to any
babe that priest would accept office but it appears to
me to be clear case that shall have priest for Co.
vernon by and by, think this movement is without
| adanf in tha oft uapt Of ,te
State
The ninth section of the first article which provides
without just compensation, was then had under CON
sideration. very lengthy discussion ensued, which
was not concluded when left the chamber
Tomorrow has been fixed upon for the final adjourn
men ofhe Convention; but is believed that the session
seems to be distinguished good order and unanimty
ofsentment the general appearance and address of the
members is creditabe to the State and the nation
they would not suffer by comparison with any body
OF men Of like character ever saw will try to send
you brief report Of the proceedings the day of nd
journment, which hope will be acceptable to you.
Governor Wright is not apparently very apprehen-
sivs o. the result Of the election to be holden next No
vsmber his spirits excellent and his general health
The weather here is kind usually called Indian
ssvsI Ss ySrh Sa,
econsder the 7h section of the LIST article OF the
Constitution which provides that all property OF the
wife, owned by her at the time of her marriage and that
acquired by her afterwards, BY gift devise descent
than from her HUSBAND shall be her separate
MIR O'CoNoa followed his motion by orcible appeal
the Convention against the whole section His argu
ment able. He spoke nearly one hour, and during
bis speech made rather groesque reference to John
sons reports in support OF his position lie was io
lowed by
| Ex-Mayor NORRIS, of New York. The matter pro
missed to become rather exciting and highly interesting
The Mayor down upon the Convention IN parlia
mentary style He gave the Convention graphic pic
ture Of life in New York during his tenn of office
where he said poor toiled for money which was
squandered by their dru AIKEN husbands The ex.May
was followed by several members of distinction, and
have only time to say that believe the former judg'
ment OF the Convention will be reversed, and the onen'
| sive section stricken out
| (From the Albany Argus, Oct. g.
Mr.. Ayrault under instruction of the Convention. re-
ported the article the rights OF the citizen Table
until after NJ. JSrssn: report !: taken up MI MI1psy
port as part Of the constitution, the article reported
hi &C. Sn ~ & s
on the table Lost, 50 to ~ snding the consideration
of the LIST section Mr. Nicholas, BY Consent offered
section providing for the engrossment Of the constitution
The special of the day. the report OF the
mittee on the revision Of the constitution The preamble
1--WE the people of the State Of New York, grateful to
Almighty God for freedom in order to secure Its
40 ,n,s which was rejected
and the preamble agreed to- III to o. The hrs section
mo member Of this State shall be disanchised de.
prved Of Of the rights or privileges secured to any
citizen thereof unless by the law Of the land or the
M Hunt moved TO strike out the judgment of his
peers Lost and the section agreed to- Mr.. Richmond
| offered the following section =
"a. All political power is inherent in the people
| Lost The second section was then read =
a. The trial by jury in all cases in which mas been
And shall be secured in like arising in any
rzed But jury trial may be waived by the parties in
all civil in the manner 70 be prescribed by law
sme ns saopsa c 10 The Sd section Of the
port was then read, as follows = ~
The free exercise and Of religious profess
sion and worship without discrimination preference
shall forever be allowed in this State to all mankind
But the liberty Of conscience hereby secured, shall not
be construed to excuse acts oil lcenousness or
Justify practices inconsistent with the peace or safety OF
this state
"And the legislature shall provide by law for the eff
fectua protection Of the rights OF conscience SO that
the exercise thereof person shall suffer in person OF
estate"
Lost, ss to a. Mr.. Taggart moved to add after the
"And no person shall be rendered incompetent to be
witness account Of his opinions in matters OF religious
belief"
| Mr.. Murphy moved to add -
may be Of s or
ground Of such belief disbelief in order to enable the
| jury to judge OF his credibility."
MIR. Murphy's motion lost, 81 to IL Mr.. Tag
CARTS adopted 60 to as and the section, amended
was agreed to- The 4th section rendering ministers o.
the gospel ineligible to, incapable Of holding any CT
vii or military Office in the state was on Moton Of r
Russell struck out, by vote Of 3d. Mr. swackha-
mer moved the following section = ,
Every qualified elector, not excluded by virtue OIL
holding any other Office shall be eligible to elective
Office in this State"
Laid on the table, motion of Mr. Kennedy. The 9Th
section relative the writ Of habeas corpuswas agreed
| to- The 9th section then read, as follows -
"No person shall be held to answer for capital or
otherwise crime Except in cases Of mpeach.
ment, and in arising in the militia, when in actual
service and in the land and naval forces in time OF
which this State may keep, with the consent oil Con
gress time Of and Of petit larceny un.
der the discretion Of the legisst1re unless present
ment or indictment OF grand jury and in every trial on
impeachment Indictment the party accused shall be
allowed appear and doend in person. and with coun'
sci
No person shall be subject 70 be twice put IN Jeopardy
for the same offence nor shall he be compelled in cri-
minal case TO be witness against himself in any
nor be deprived Of life liberty or property without duo
process OF law shall private property be taken for
| public use, without just compensation"
| MIR kirkland moved.to add the following
rig, ha Lcn for t,tih