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DARIEN GAZETTE.
Vol VI.
Darien <©asette
. EDITED AJ\'D PUBLISHED
BY
CHA’S. F. GrRANDISON.
(ON THE BAY)
At g 5 per annum , payable in advancb.
LEGISLATURE OF NEW-YORK.
Albany, Monday, August 2.
Proceedings in the Senate.
The Senate having’ convened pursuant to
the proclamation of his Excellency the Gov
ernor, prayers were offered by the Rev. Mr.
Spicer, when the President (Lieut. Gov.
Boot) directed the clerk to call the roll, up
on which it appeared that all the members of
that body were present, except Messrs.
Stranah an and Morgan. [Mr. Stpnahan
soon afterwards entered the Senate cham
ber.]
Resolutions were offered that a committee
be appointed to wait upon his Excellency
the Governor, and inform him that the Se
nate were organiz ed, and ready to receive
any communication he might be disposed to
make —also a like committee to inform the
Assembly that the Senate was in readiness
for the transaction of business. Messrs. Og
den and Wright were appointed by
tha commitee to wait upon the Governor,
and Messrs. Bowman & Burrows, to wait
upon the Assembly. The committee report
ed respectively, that they bad performed
the functions assigned them—whereupon
the message, of the governor was received
by his private secretary and read by the
clerk.
Mr. Green submitted the following reso
lutions:
Resolved, That since the last adjournment
©f the legislature, nothing has transpired
within the letter or spirit of the constitution,
requiring an extraordinary session at this
time; and, therfore, the proclamation of the
governor convening the same, is not warrant
ed bv the constitution.
Resolved, That inasmuch as the transaction
of legislative business in obedience to a pro
clamation thus indiscreetly issued,*and especi
ally in relation to a subject which had been
repeatedly discussed & acted upon by the leg
islature at their last meeting would sanction a
precedent of dangerous tendency; and that
it is due to the members of the legislature,
as well to the constitution! under which ‘hey
sit, and the oath they have taken to support
it. as to the highest and best interests of their
constituents, that they should forthwith au
jotirn—Therefore.
Resolved, (if the assembly concur,) that
the two houses will immediately adjourn, to
meet again pursuant to law.
And moved that the same, together with
the message of the Governor, lie on the table
until to-morrow.
On motion of Mr. Browne, the message
and resolutions were ordered to be printed,
and then the Senate adjourned until lOo’cluck
to-morrow morning.
HOUSE OP ASSEMBLY, Monday Au
gust 2. •
At 12 o'clock this day, pursuant to the
proclamation of his Excellencythe Governor,
the Legislature convened at the capital.—
The Assembly Chamber was crowded at an
early hour, and at the appointed time of mee
ting, the house was called to order, when
the throne of grace was addressed by the
Rev. D. Bradford..
The Speaker having taken the chair, the
proclamation of the Governor, directing the
meeting of the legislature, was read by the
olerk.
Mr. Hubbard submitted resolutions for the
appointment of committees to wad on theGu
vernni and Senate respectively, for the pur
pose of informing them in usual form that
the bouse was organized, &.c. Mr. Wheaton
thought the resolution premature, and mov
ed that a call of the house be first made.
Mr Hubbard waived his motion for the pre
sent, whereupon the roll of the house was
called, and all the members answered to
their names except Messrs. Budlong, Coo
per, Fox, King, Miller, Remer, and D.
Smith.
The question then recurred on Mr. Hub
bard’s resolutions, which were adopted, and
on the first thereof Messrs. Hubbard and
Wheaton, and on the second Messrs. War
ren and Barstow were appointed, who soon
thereafter reported that they had performed
respectively the duties assigned to them.
A message was then received from his ex
cellency the Governor, by the hands of his
private secretary, which was read by the
clerk as follows:
Gentlemen of the Senate,
and of the Assembly.
In the constitutional exercise of a power
delegated to the executive, 1 considered it a
duty to convene the legislature for the pur
pose of submmitting to them a subject of vi
tal importance to the community. •
A copy of .the proclamation, under which
you were called accompanies this message,
containing a brief summary of the causes
which induced me to adopt the measure—
and it is submitted to the legislature, under
a full conviction, that in convening them, I
have performed a duty required of me by
the responsible situation in which I was pine
ed, and by the strong and very decided
sentiments of the people of this state, and
confiding ip the calm and dispassionate con
sideration, which a wise and patriotic legisla
ture will bestow upon the matters thus sub
mitted, 1 cheerfully repose myself upon the
intelligenceand virtueofthe people and tlieir
representatives, fully aware of the responsi
bility I have assumed, and, be assured, gen
tlemen, Wholly indifferent to personal con
sequences, when performing a sacred and im
pressive duty to the state.
There are certain fundamental truth* in
the theory and practice of our government,
.DARIEN, (Georgia,) €qua! ant) €jraet justice. TUESDAY, AUGUST 21. 1824.
which cannot be altered or obscured by the
passions of man, and which, certainly ought
to bend to their interest or conveniences.—
By one of them is inculcated a principle, in
the support of which our forefathers fought
and bled, and which can never be lost sight
of, without the loss of our rights and inde
dence. It is, that the people alone are
the true and legatimate source of all pow
er.
The framers of our new constitution, fully
aware or this, were determined to secure to
themselves, and to posterity, the blessings of
freedom, by most sedulously guarding every
avenue to corruption and intrigue, by the
enlargement of the right of suffrage, the
permanency and independence of our judi
ciary, and the dependence of the executive
and legislative branches of our state upon
the will and pleasure of their constituents—
and by thus balancing the different poweTa
and parts of the constitution’ vigor and safe
ty to the whole were communicated and se
cured, A frequent recurrence, therefore,
to first principles, however familiar, is in
times of difficulty and danger,, the most cer
tain safeguard of our freedom.
If, then, as our bill of right declares, “no
authority shall, on any pretence, be exercis
ed over the citizens of the state, but such as
shall be derived from and granted by the
people of this state,” how interesting to us
all to execute our duty as good citizens and
faithful officers, by a strict and undeviating
adherence to the public will, when clearly
ascertained and fairly expressed. Regard
less of the conflicts of passion, the resent
ments of disappointed ambition, and the cor
rupting influences of intrigue andfaction, we
should proceed to the exercise of those aits,
which will secure to us the approbation of
our own consciences and the approving
voice of impartial posterity
You will perceive from the proclamation
by which you are convened, that the subject
in relation to which you arc called, has refer
ence to a vet*]- interesting part of our gov
ernment —the choice of electors of President
and Vice President of the United States.
When we look at the constitution of the
general government, and consider the expo
sition which a majority es the union
have given to that part of it which relates to
thi3 important subject, we cannot entertain a
reasonable doubt that the spirit and good
sense of that instrument, is best consulted by
giving to the people the choice of those elec
tors. In no less than nineteen states out of
the twenty-four, the electors are chosen by
the people—and it is rendered highly pro
bable from recent events, that Vermont will
be added to the number. A principle, then
so congenial with the feelings h f the people,
so deeply interwoven in the very form and
structure of our government, and so peculi
arly adapted to the fair and legitimate exer
cise of the right of suffrage secured to us by
our state constitution, can never he at
war with the honor, peace, or safety of our
conutry. Adverting to this principle in the
message I had the honor to send you in Jan
uary last, 1 expressed my hill conviction,
that it was “a desirable object of directing
such choice to be made by the people;” anil
I am free to acknowledge, that l considered
it also important that it should be uniform
throughout the union, and that any interfer
ence by the legislature, whils* tile subject
tvas before Congress, would be premature —
that reason, however, by ihe recent adjourn
ment ofthat body, has ceased to exist.
Although the number of states in which
the legislature make the choice of electors
issnt I], c't I knew of on mode in which the ob
ject annded to could be attained throughout
the union, but by the intervention of con
gress, or by the legftatures of a constitution
al majority of the states; and I did entertain
the belief that the incipient step would be
taken by congress, and that when taken, it
would furnish a basis for the legislature of
this state to act upon in passing a law.
In this point of view, I did not consider
the ultimate success of any proposed amend
ment throughout the United States, imme
diately material or important; as 1 v/as per
suaded that any’ amendment proposed by
congress would lit all times be treated with
deference and respect, and might have been
adopted in principle by this state in season
for the approaching election of president
and'vice president of the United States. —
I was confirmed in the view thus taken of
the subject, by the elaborate report of the
committee of the senate of this state, which,
whilst it recommended to that body not to
pass a law giving the people the light to
choose the electors, stated, among other rea
sons lor its recommendation, that it ought
not to pass, untill at least the efforts making
in congress to amend the constitution of the
United States were adopted or rejected.
It is true, that the senate of the United
States had indefinitely postponed the sub
ject before the adjournment of the legisla
ture of this state in April last, but still it re
mainedundisposed of in the house of repre
sentajstes: and might have been even called
up and re-considered in the senate.
It was also known, that it was intended by
those friendly to the measure, to bring for
ward the the same subject
in the house of representatives, after the se
nate of the United States had indefinitely
postponed it; and that this was alone pre
vented by the many other important topics,
which pressed upon the immediate atten
tion of the national legislature, until at length
it adjourned without performing an act to
which the nation had looked with deep soli
citude and interest.
Thus, the hopes of the senate of this state,
and of its house of assembly, were disap
pointed; and nothing remained in this extra
ordinary crisis but. to exert that power which
the constitution of the state, for the benefit
of the people thereof, had delegated to its
executive; or quieily to suffer the wishes
: and expectations of the people, and of their
1 legislature, to be frustrated,
Permit me, briefly, to allude to the calm
and deliberate review which 1 took of this
subject at the time of the adjournment of
congress.
Very soon after the commencement of the
session in January last, a bill was introduced
into the house of assembly, in accordance
with the prevailing sentiments and wfslies of
the people; and notwithstanding much dis
cussion upon the provisions of the bill, very
little opposition was expressed to its gener
al principle.
The bill passed the assembly with ungom
mon unanimity, only four members voting
against it. It was then sent i& the senate,
and the committee to whom it was referred
made a report, to which I have already al
luded. A majonty.of the senate thereupon
solemnly declared,'*that it was expedient to
pass a law at the then session of the legisla
te e, giving to the people of ihis state the
choice of electors jf president and vice pre
sident of the United States, and by a gener
al ticket. Its almost immediate and simulta
neous postponement b’ the senate till No
vember next, may have been produced by
the fact, among others, that as congress was
still in session, it would be proper to learn
the sense ofthat body before the bill was
finally disposed of.
If this, or some other reason equally well
founded, did not axist, it would be viewed
by the community as a singular phenomenon,
that a measure grounded on a general princi
ple, concurred in by the two branches of the
legislature, snould in the end be defeated;
on the contrary, I was bound to notice the
declaration made by the senate and assembly,
and to believe that those honorable branches
of our government were willing and desir
ous of giving to people the right of
choosing the electors. v
If these circumstances grew out of the
fact, that the senate of this state had post
poned the subject, in the hope that congress
might still interfere, by recommending an
amendment, then, as soon a3 congress ad
journed, without doing so it became my duty
to convene the legislature at an earlier peri
od than the day fixed by law, and to which
they stood adjourned, to afford them an op
portunity of passing the bill so anxiously re
quired and expected by the community at
large.
It became a duty, from the many extraor
dinary circumstances connected with the
measure, from the constantly increasing so
licitude of the people in its favor, and from a
due regard to the. honor of the^tate.
If, under such peculiar circumstances, 1
had hesitated to pay a just deference ta pub
lic sentiment and legislative declarations, it
would ha; * subjected int to :lie merited re
proaches of a free and enlightened people
Having thus performed what, in the view ta
ken of this highly important subject, 1 con
sidered an incumbent duty on my part, it
now remains with you gentlemen, to adopt
such a course with regard to the choice of
electors; as you in your wisdom may think
most consonant with the wishes and expec
tations of your constituents; and in recoin- !
mending the passage of a law giving it to the
people, it is also satisfactory to me to re
flect tfiat its adoption will occasion no addi
tional expense to the state, as the necessity
otherwise of your again meeting in the
month of November next, will be thereby
obviated and removed.
Should the legislature be engaged in any
other business than the immediate purpose
for which.it is now called, or in the unfinish
ed business of its last meeting, 1 would then
reeomtnmid the propriety of investigating
another subject, which t consider as connect
ed with the safety of our citizens, and the
prosperky of our state.
TlifpjflPep interest which is so justly felt
in our steam-boat navigation, anil the fatal
accidents which have recently attended the
operation of its machinery, in several instan
ces, indicate the necessity of an early inqui
ry into the causes of those misfortunes, and
of adopting regulations, by law, for inspect
ing, at stated intervals, or for otherwise as
certaining the condition and safety of the
apparatus used in such navigation, to avoid,
in future,’as far as practicable, the awful con
sequences arising from mismanagement or
carelessness.
I cannot forbear, at this extra session of 1
the legislature, to mention the anticipations
so fondly cherished by the American people,
that the only surviving general officer of the
revolution, the friend and companion of
Washington, and who has been so conspicu
ous for his disinterested patriotism and de
votedness to the liberties of man, is expect
ed shortly to visit our country. With the
name of Fayette, are associated the most
tenderand interesting recollections; and that
country, whose independence and freedom
he so essentially contributed to establish,
can never be indifferent to his welfare, nor
be wanting in the hospitalities due to its no
ble benefactor. 1 doubt not gentlemen, that
you will adopt such measures for receiving
this distinguished patriot, at the seat of go
vernment, should be visit this city, as will do
honor to a grateful people.
• JOSEPH C. YATES.
Albany, August 2, 1824.
Mr. Ruger moved that the usual number
of copies of the message be printed for the
use of the house which was agreed to.
Mr. Flagg submitted the following reso
lutions.
Resolved, That since the last adjournment
of the legislature, nothing has transpired
within the letter or spirit of the constitution,
requiring an extraordinary session at this
time; and, therefore, the proclamation of the
governor conveningthe same, is not warrant-
I ed by the constitution.
Resolved, That inasmuch as the transac
tion of lelislative business in obedience to a
proclamation thus indiscreetly issued, and
especially in relation to a subject which had
been repeatedly discussed and acted upon
Iby the legislature at their last meeting,
wouldsanction a precedent of dangerous ten*
I dency-, and that it is due to the members of
the legislature, as well as to the conttitution
under which they sit, and the oath they have
taken to support it, as to the highest and
best interests of their constituents, that they
should forthwith adjourn—Therefore,
Resolved, (if the assembly concur) the
two houses will immediately adjourn, to meet
again pursuant to law.
Mr. Flagg observed in presenting them,
that concluding With a concurrent resolution
t,he same would iie on the table one dav of
course, pursuant to the standing rule of the
house.
Mr. Tallmadge thought it was proper that
the message take the usual course, and he
therefore moved that it be referred to a com
mittee of the whole, and made tile special
order of the day for to-morrow. ®
Flagg observed that he had no very
decided objection io the course proposed,
but inasmuch as he fully believed that no ex
traordinary occasion called for ‘he convening
of the legislature, the fewer ceremonies that
attended it the better. He wished to leave
as few vestiges of the meeting as possible,
upon the records of'lie house.
Mr. \\ heaton said he hoped the resolu
tion of his honorable fiienii from Dutchess
(Mr. Tallmadge) would be adopted, and that
thejmessage would be referred to a commit
tee of the whole. He wished it to prevail,
because it was decorous to the executive and
because it was the usual course, both at ordi
nary and extraordinary sessions. The first
movement should be to refer it to the com
mittee of the whole, and it would then be a
proper suoject for consideration who m to
refer it in whole, or in pans, to a select c mi<
mittee or committees. By a general refer
ence in the first instance a full and tree dis
cussion could be had ot the proper subse
quent disposal or distribution of it. e rouid
not discern, he said, the semblance of a.’ ar
gnmt nt in ‘be re mat ks ofhis hon.friend front
Clinton (Mr. Flagg) why this message should
be treated differently from others. Is it be
cause the nature of which it treats of, is an in
significant character? That gentleman must
freely admit that the subject on which the
house was assembled was one of great and
vital importance to the people. If he had
made tip his mind to a conviction that the call
was unconstitutional,yet it could not be sup
posed diat oilier members had come with
their minds equally ‘ prejudged upon die
question. Mr. W. wished not only that dme
might be given for reflection, but tha’ the
communication might be treated with res
pect by the course in which it was disposed
of. He was willing that the resolutions of
the gentleman should take the same course,
and the whole matter would then be open
for reflection and free and ample discussion.
Mr. Flagg proposed as a substitute, ‘hat
the message be referred to a select commit
tee of three members. Mr. F. expressed !is
surprise, that the gentleman from New-York,
(Mr. Wheaton) should now he so desirous
for time to reflect upon a subject which had
occupied a large pari of the session las; win
ter. At that time no reflection w'as requir
ed, and the lioi&e wa9 called upon to pass
immediately a long bill which th gentleman
had prepared at home. “he gentleman wts
then ready for the vote; but now, after a
longtime has elapsed, and after the subject
has undergone much investigation, time is
wanted tor reflection! If the message em
braced a variety of topics, as ordinary mes
sages do, there would be more weight in the
argument. Bui the legislature was called
to pass upon a single subject—for aMm gh
other subjects had been introduced, (an.-t C r
what reason he would not undo take to say)
yet the main stu pe of the message related to
a single point \t all events, he wag very
sure that the h use would not be disposed,
at this season of the year, to enter into ail
examination of steam-boat maehinecry. It
was not such a subject as required a dissec
tion of its parts, and tie thought a reference
to a select committee of three, would be cor
rect and proper.®
Mr. Barstow was not disposed to t'avel
out of the ordinary mode on this occasion.—
The Message embraced three dist .net sub
jects, and unless the ordinary course Oe pur
sued of a reference to a committee of the
whoie, it would have to be dissected in the
house,and the main question then would be,
whether it should he done when the speaker
was in the chair or out of it. It was not per
haps very material in which form, a q es
tion of order, the proposition w> p out
his impression wa that a motion r. ;er to
the committee ofthe whole, being a standing
committee, took preference to a motion to
reler to a select committee.
Mr. Morss made a few observations in sup
port of the same question of order.
Mr. Crary remarked that it should . e re
membered that the executive was a co-ordi
nate branch of the government; and before
we undertake to arraign the governor, it
would be well to examine into our own con
duct. Are gentlemen now willing to avoid
coming forward in support of a measure for
which they voted last winter? The bill was
then passed almost unanimously, four mem
bers only voting agairst it. And will Miey
now show by their acts, that their vote was
hypocrisy? There was no difficulty in the
present case. Legislation was like other or
dinary business—and where men have a fair
and bona fide purpose to attain, there was no
difficulty in coming directly to the object.
Instead of that, the first thing is to arraign
the executive, for exercising a discretionary
power, with which we have nothing to do.
We have no more right to interfere in pre
scribing its exercise, than in that of pardon
ing a convict. It v*as not competent for this
house to impugn the motives of a co-ordina
ry branch, and say they are not pure But
be that as it may—the people of this state
have approved and sanctioned the act. And
are we not legally assembled? Why : and ihe
gentleman from Clinton, (Mr. Flagg.) leave
home, if the proclamation is unconstitutional
and a dead letter? By coming to tins place,
J\o. 32.