New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-07-02
New. York Constitutional Convention
FIFTH wEFK-XTVf7H DAY

FIFTH wEEK-X&ViTH DAY
p.no-, q, Right--,;any Important Measures
scr ABIDE BY n Majority OF the Committee
nr.sr. stow, Young, NicoIi, o'oonor.
Harris, Marvin, and Worden, on the Hu-
tIe- OF the Convention. the qualifications
Of Candidates for Governor, and the Pee
pies Rights-The Native Question
ALBANY, Tuesday, Juse 80, $50.
To tie Editor Of The zrt5uss
rslG: In the course Of long e has rarely been
M good lor:qne 70 listen 20 debate carre1 with
equal ability 70 :ha: Of to-day the question OF Whether
any and Il So what qualifications should or ought &c
required, to age aa residence. II candidates TT the
osce Of Governor Ike the Scotsman, James stewart,
whom Engands Statesmen imported as ihe.f King ard
core.no. and no although he 30 I'D great
honor 70 their choice, several ue' tempted 70 say
Of tie orators as they followed each other il rapid sue
cession on opposite sides. he 5 hight, and ne Tgh;,
.hey re ooth right y
Mr. TALLMADGE, from the Committee No II, on
the Rieh,s and Privileges Of the People, reported
this morning chiefly in the words Of the old Coasti-
luton bu; win a lev amendments
III would appear tha; the Committee majority o.
H. Is ave.se TO allowing the people the Eee choice of their
LAWYERS and desires TO restrict them heretofore 10 the
privileged ca,s who have hitherto found The Practice Of
tile las saiuI! monopoly and 70 the loose varying and
uncertain tues By which tina; class highly respectable
though Il; IS /. guided. The Common Law too. extending
through many hundred volumes proposed TO be conta
ued as part Of the Constitution, though. whole, it Is
a. lnconp!enensble Inaccessible the people the
Chinese Books in me Museum while the Chairman
said Of the very many Important propositions, which The
Committee have neg ivcd, that most Of them more
suitable FOR Legislature 10 adopt than cor that Conven
ton. OF course they all rejected far the Com
mttee IS concerned
Ne1c C0nStttution-Article reported tor u.
ARTICLE
!. Men are by Daure free and independent and In
their social relations entitled 10 equal rights
2 AL political power is inherent in the People.
g. No menoe! Of mis- State shall be dsfranchsed, or
derived OF any rights privileges secured any
cz.n thereof unless BY the law OF the land.
Tn. right OF TrIa oy Jury IN all csses in which ii
hs. been heretofore useC. snail remain lnviolate.
5 Excessive bail rbal not be equred nor excessive
fn-. iu posed cruel or uou'us rnnshmens nt'cted
g. ne free excrcis. and ENJOY ment OF religious pro-
fession aud worship without DISCRIMINATION or prefer
anc. shall for ever Ue Alov this all
kind liberty OF conscience hereby secured sh-l
not construed excuse acts o. icenuousness
Justify PRACTICES incorsislea win Tue peHca OK saey
Of this state
denomination whatever from Sorupes OF conscience
may bearing arms. email De excused there
from hy paving 10 the equivalent money, and
the Legislature shall provide By law for the collection Of
such equivalent tss estimated according u the eX
u"nrt IN IfiIC HlOHtJ VI IA Yi-lb"s o''SSSE''N
rlilitiAmau.
bc suspended unless when IN cases OF rebellion or In
vs-jon III. pubic safety require its suspension
No p~-rsOu shall be held 10 answer Tor capital or
Otherwise infamous crime. except IN cases OF iupeach
ent and IN ol the militia when in HctUbi service
and the land aud naval force. III time o. war, or which
this State may Keep with the consent Of Congress III
ue Of Peace aud in cates OF pett larceny under the
r,pu alton of the L.ga,ure unless on presenmen or
udictm, Ii, OF Grand Jury, aud in every tfia or i'm
indie a.
used appear and dfsnd N person and a''h counsel
as ia civil actions. No person sn"u be subject TO be
twice puip Jeopardy Tor offence nor email he be
compelled be witness sgains, hm'eii in any crim
nal cas-. nor any su1fct htnstJ 10 penalty
or for ture or any d,rtudtion IN Tie nature Of
ptlditV j,ttyt por be deprived OF lie, HuetIy or
properly without due process ot law.
10 Every cuzen may freely speak, ~rid ana pr0'
liz his sentiments all subjects being responsible for
abuse vi that right and no la" shhi be passed 10
rslrn sbrdgr the liberty Of speech or ui The Press
In Nil prosecutions or indictments and IN crit actions Tor
lb-s the truth may be Rtrs erfdetce 70 M Jury and
II Il shall appear Jury tina. the mnttct charged ~
l-ou. is rue aud published veiih good Inatives
aud fo Unsuitable ends the party shall be acquitted and
the Jury shall have the III hi 10 determine the law aud
the isct.
Is IT, Private property shall be taken for public
nee without ust compensation being fret made there
Tor II the taking Tor the OF the state the Lcss
lsturc shall provide for determining the damages ana
II for ANY other public u,e the damages shall bc
srd by a Jury The Legislature may provide for The
opening private roads IN case Jury OF treehoders
shall determine the road necessary the persons oeno
fitted paying all expenses and damages 10 De also deter
mined by Jury
H. witnesses in criminal shall not be imprisoned
for the want OF their attendance at the Trial
OF the cause upon the special ORDER Of the maes
rate or Court having jurisdiction OF the case Laws sa
be passed secure necessary, the temporary detention
OF witnesses criminal and for their prompt eAain
nation dc bee which examination shall De evidence IN
all subsequent; proceedings upon :he subject matters and
shall The effect the oIa testimony OF the Wiz
ness would have ne present and examined IN person
10 No per shall be IMPRISONED on any civil pro-
cess on Any proceeding upon any contract eN-
press implied upon judgment or decree founded
upon such contract but nothing herein contained ht ex
10 actions the recovery OF moneys collected oy any
public officer, promises 10 marry nor IN any case OF
fraud breach eI trust.
G4 All property fea CT personal, OF the wife, owned
b, her before marriage AMI that acquired By her Alter
ward by gilt devise decent Otherwise than from
her husband, shall be her separate property Laws sh-
be passed providing The registry OF The ~es separate
properly aud clearly defining the rights OF The VIE
thereto well 10 propert. held by her Win her nus
band.
IS No divorce shall De granted by The Legislature
otherwise Than BY Judicial proceedings provided Tor by
law
is No Lottery shall be authorized In this State; nor
shall the sale OF Lottery Tickets within this Stale DC A.
lowed.
IL No purchase contract FOR the sale Of LANDS in
the State, made the seventeenth day OF October
75 or which may hereafter be made Of with the In
this shall De valid. unless made Under Inc
authority and with The consent Of the Legislature
Is Sucb paris oil &N Anu VI '-.e H~to VI
tho Legislature of the Colony NewloTk, tceeiheF
did form the of the said Colony thenipeteenth Ia" OF
April l75 aud the resolutions OF the Congress OF Inc sag
Colony and of the Convention the State OF Ne-iorA IN
force on the twentieth day Of April: ILL., which have not
since ex pred repealed OF altered and sGeA aci
OF the Legislature OF this Stsie Is are now IL force shall Dc
and continue The this state subject 20 sgci AIeIa
ZION as The LEGISLATURE shall make concerning tns same
au ali such paris common law. anu saeh Of The ad
acis or parts thereof reqEAt 10 ihis Constitution
are hereby aoroes,ed.
10 All grants OF lasds within this State, made by the
MEX Great Bf!an, persons acnS under his aathoT
.ty ai;er the fourteenth day October S shall be null
and VOID nothing contained this Constitution shall
Impair Q; crots Contracted by The state
o! individuals or bodies corporate or any ether rights OF
property, any suits, acton rights Of acton or other
proceedings In Courts Of Justice.
The Committee consists of Messrsj Talimadge
Ayraul,. Swsckhsmer, Parish. D. D. Campbell
Wnbeck and Yawger; but IS there was msJ9F-
;rv snd minority on II. we can know nothing OF the
vote or opinions OF any oae OF us individual mem
bers through the report, nor as 10 their votes on
other subjects rejected.
On the question as 10 what other qualifications
should be required in Governor, Than thai ne be