People, there is displayed, throughout the whole instrument, a jealousy of their representatives, which has led to the forbidding of some powers before possessed by the Legislature, and to the limiting of others yet entrusted to that body. The principle of responsibility on the part of legislators and of other public agents, is also more fully developed, by bringing them nearer to the People, by giving greater publicity to their proceedings; and by subjecting such proceedings and their authors, at shorter intervals, to the public judgment. Thus the senators, instead of being chosen for four years, and in large districts, are to be chosen for only two years, and in single districts.* A like change is made in regard to the Assembly, the members of which are also to be elected in single districts.† The Governor is required annually to communicate to the Legislature, each case of reprieve, commutation or pardon, granted by him, with its particulars.‡ The compensation of members of the Legislature, as before provided, is not to exceed three dollars a day; and it is also now added, that such pay shall not exceed, in the aggregate, three hundred dollars, for per diem allowance, except in proceedings for impeachment, and except that the members may also be paid for their attendance at extra sessions, convened by the Governor.§ No bill can be passed unless by the assent of a majority of all the members elected to each branch; and the yeas and nays in every case, are to be entered on the journal. Private and local bills are to embrace but one subject, and that is to be expressed in the title. The Legislature are absolutely prohibited from granting divorces; from authorising lotteries, or allowing the sale of lottery tickets; and from sanctioning, in any manner, the suspension of specie payments, by banks or bankers. They may authorize the forming of banking and other corporations under general laws; but corporations are not to be created by special act, except for municipal purposes, and where the object cannot be attained under general laws. Dues from corporations are to be secured by the individual liability of the corporators, and by other means to be prescribed by law.** * Art. 3 § 2 § 3. ↑ Art. 4 § 5. § Art. 3 § 6. Art. 3 § 15, 16. Art. 1 § 10, Art. 8 § 5. ** Art. 8 § 4 §§ 1, 2. But the most important of the new provisions, especially as affecting the power and duties of the Legislature, are those which relate to the funds, property and credit of the State. It was, as we have seen, in the anxieties of the people touching this great interest, that the Convention had its birth. Accordingly, on this point, the provisions of the Constitution are most thorough and explicit. To secure to its true uses, the public property; to prevent the increase of the existing State debt; to provide for its full and early payment; and to guard, in future, the resources and credit of the State, against debt, improvidence, and hazardthese were the chief ends which the Convention labored to accomplish. Wise and worthy ends, all, I think, must admit them to be; however any may doubt as to some of the details of which I am to speak. The provisions of the constitution of 1821, making the capital of the common school fund inviolate are retained, and are extended to the literature and United States deposite funds. The revenues of the literature fund are to be applied exclusively to academies. Of the revenues of the United States deposite fund, $25,000, annually, are to be appropriated in aid of the common school fund.* The canal fund and its revenues are made the subject of regulations still more careful and minute. After paying ordinary expenses and repairs, there is set apart, out of these revenues, in each year, the sum of $1,300,000 until 1855; and from that time the sum of $1,750,000, in each year, as a sinking fund to pay the canal debt; until it shall be wholly paid. Of the surplus revenues, $350,000 in each year, until payment of the entire canal debt is provided for, and after that period, $1,500,000 in each year, are to be set apart as a sinking fund, to pay the General Fund debt. From the same source, there is made a further annual appropriation, of not exceeding $200,000, for the use of the General Fund, in defraying the expenses of the State; and the remainder of the surplus canal revenues is to be applied by the Legislature to the completion of the Erie Canal enlargement, and the Genessee and Black river Canals.† There are some further provisions of a prospective nature, to meet certain contingencies; but it is expressly provided, that if the sinking funds for the payment of the ca * Art. 9. + Art. 7 §§ 1, 2, 3. nal debt, and the General Fund debt, or either of them, prove insufficient to satisfy the public creditors, as their claims become payable, the Legislature shall, by taxes, so increase the revenues of these sinking funds, as to make them sufficient perfectly to preserve the public faith.* Thus much for the past and the present; let us now look at the provisions for the future. Laws appropriating public moneys are only operative to authorize payments of such moneys for two years. Every law making a new appropriation, or continuing or reviving an appropriation, must distinctly specify the sum appropriated, and the object to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum.† The like provision is made in respect to every law imposing, continuing, or reviving a tax; and on the final passage in either house of every such act, and of every act creating a debt or charge, or making, continuing, or reviving any appropriation of public or trust money or property, or releasing, discharging, or commuting any claim or demand of the State, three-fifths of all the members elected to the house are required to be present to constitute a quorum; and the question is to be taken by ayes and noes, which are to be entered on the journals.‡ The credit of the State is not, in any manner, to be given or loaned to, or in aid of, any individual, association, or corporation.§ The Legislature may authorize the contracting of debts, to meet casual deficits or failures in the revenues, or for expenses not provided for; but such debts, direct and contingent, singly or in the aggregate, cannot at any time exceed one million of dollars; and they may also contract debts to repel invasion, suppress insurrection or defend the State in war. With these exceptions, no debt can be contracted on behalf of the State, unless authorized by a law, for some single work or object, to be distinctly specified therein; and such law must provide for imposing and collecting a direct annual tax, sufficient to pay the interest on the debt as it falls due, and to pay the principal within eighteen years. On the final passage of every such law, the question is to be taken in a special form; and moreover, before the law can take effect, it must have been submitted to the People at a general election, and have re * Art. 7 § 5. Art. 7 §§ 13, 14. § Art. 7 § 9. ceived a majority of all the votes cast for and against it. Whenever any such law shall have been duly passed by the Legislature and approved by the People, it may be repealed by the Legislature; but the tax imposed by it, is irrepealable, so far as may be necessary to pay any debt contracted under it.* In hereafter organising cities and villages, the Legislature are so to restrict their power of taxation, of contracting debts, and of loaning credit, as to prevent the abuse of these powers.† The instrument exhibits an earnest desire, on the part of its framers, to reform and simplify the practice of the law, and to render the administration of justice less dilatory and expensive than heretofore, Admission to practice in all the courts, is secured to every male citizen of good moral character, possessing the requisite learning and ability; provision is to be made by law, for enabling parties in civil cases to waive a jury trial; testimony in equity cases is to be taken in like manner as in cases at law; witnesses are not to be unreasonably detained; and no person is to be incompetent as a witness, on account of his opinions on religious subjects. Provision is to be made for the speedy publication of all statute laws, and of such judicial decisions as the Legislature may deem expedient.I Tribunals of conciliation for the decision of controversies voluntarily submitted may be established by law.§ To secure further reforms in the methods of procedure, the Legislature, at their first session after the adoption of the Constitution, are to appoint commissioners to simplify and abridge the rules of practice, pleadings, forms and proceedings of the courts. But the views of the Convention were not limited to a mere improvement in the forms of procedure. They contemplated a bold, and in the judgment of some, a startling innovation in our system of jurisprudence; for the Legisla ture are also directed to appoint commissioners to reduce, into a written systematic code, the whole body of the law, or so much, and such parts thereof, as they shall think practicable or expedient. The two boards, thus provided for, have accordingly been appointed, and are now engaged in the performance of their difficult but important and honorable tasks. Art. 6 § 8; Art. 1 § 2; Art. 6 § 10; Art. 1 § 5; Art. 1 § 3; Art. 6 § 22. § Art. 6 § 23. ¶ Art. 1 § 17. || Art. 6 § 24. The guarantees for the security of life, liberty and property contained in the former constitutions, are continued, and with some additional safeguards in respect to property when taken for public use.* To ensure the soundness and stability of the circulating medium, all bank notes are to be registered, and ample security is to be required for their redemption in specie; the stockholders in every banking association or corporation, after the first of January, 1850, are to be individually responsible to the amount of their stock, respectively, for all its debts contracted after that day; and in case of the insolvency of any bank, the bill-holders are to have preference in payment over all other creditors.† In another matter of much importance to the interests of trade, a great and long needed reform has been effected. All offices for the weighing, measuring, or inspecting of any merchandise, produce or commodity, are abolished; and no such office can hereafter be created. In view of the unfitness of long leases of agricultural lands, to the genius of our government and the habits and temper of our people, and moved probably by facts of recent occurrence-too familiar to require, and too discreditable to allow, me to dwell on them-the Constitution provides, that no lease or grant of such lands for a longer period than twelve years, hereafter made, shall be valid; and it declares that all fines, quarter sales and other like restraints upon alienation, hereafter reserved, shall be void.§ Some other new provisions, of a miscellaneous nature, deserve to be mentioned. The Constitution of 1821 authorized the passing of laws, excluding from the right of suffrage, persons convicted of infamous crimes. The Constitution of 1846 authorizes the extension of such laws to persons convicted of bribery or larceny. It also authorizes the passing of laws, depriving persons making, or interested in, bets or wagers on any election, of the right to vote at such election.|| The Secretary of State and other State officers, the judges of the Court of Appeals, and the justices of the Supreme Court, are to receive fixed compensations, which can neither be diminished nor increased during their continuance in office; and they are not to receive, to their own * Art. 1; id. §§ 1, 8, 10. + Art. 5 § 8. § Art. 1 §§ 14, 15. || Art. 2 § 2. |