well to Senators as Representatives in Congress. "All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." "The Congress shall have power." "The House of Representatives shall be composed of members chosen every second year by the people." "The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature."

There can be no room for doubt, that the constitutional meaning of the terms, "member of Congress," and "elected to Congress," will include Senators as well as Representatives; and they must in this place have been used in their legal, rather than in their popular sense. To suppose otherwise, and limit them to a Representative in Congress, will conduct us very nearly to an absurdity. Upon that construction, a Senator in Congress might hold a seat in the Legislature, while a Representative in Congress would be excluded. And under the latter branch of the section, the election of a member of the Legislature to the House of Representatives, and his acceptance of the office, would vacate his seat in the Legislature: while a member elected to the Senate of the United States might still retain his place in the Legislature.

If the language of the eleventh section applies as well to Senators as Representatives in Congress, then the Constitution, instead of disqualifying a member of the Legislature from receiving the of fice of Senator in Congress, supposes that he may be elected to that office; and declares that his acceptance "shall vacate his seat" in the Legislature.

Another question of some interest connected with this subject, is, whether a State has the power to add to the disqualifications for the offices of Senator and Representative in Congress, as prescribed by the Constitution of the United States. The Attorney-General commenced the examination of the question proposed by the Senate, with an impression against the existence of such a power. A contrary opinion from a source entitled to the highest consideration on all constitutional questions, has induced a doubt upon that point: and the view taken of our own Constitution has rendered it unnecessary at this time to decide the question. The opinion alluded to is contained in a letter from Mr. Jefferson to Joseph C. Ca

bell, dated January 31, 1814. [Jefferson's Writings, Vol. 4, p. 238. Letter CXVIII.

The Attorney-General is of opinion, that "under the Constitution of this State, a member of the Legislature is eligible to the of fice of Senator in the Congress of the United States."

Respectfully submitted.

GREENE C. BRONSON,

January 12, 1833.

Attorney-General.

Herewith is transmitted a report, made in obedience to a resolution of the Honorable the Senate of the 11th instant.

I have the honor to be,

With great respect,

Your ob't. serv't.

PHILIP PHELPS.

Acting Comptroller.

[Senate, No. 19.]

1

REPORT, &c.

STATE OF NEW-YORK,
COMPTROLLER'S OFFICE.

In obedience to a resolution of the Honorable Senate in the following words,

In Senate, Jan. 11th, 1833.

"Resolved, That the Acting Comptroller do report to the Senate the whole amount of the moneys paid by the banks respectively to the Bank Fund, together with the amount of the sums which may have been already received into the treasury on account of income thereon, and the total sums which have been paid for salaries to the Bank Commissioners, from the passage of the law in 1829, to the present time,"

The Acting Comptroller respectfully reports:

That the annexed statement exhibits in an alphabetical arrangement of the counties, the names of the several banks which have contributed to the Bank Fund, the amount of the capital upon which, and the respective periods for which such contributions have been made.

It will be perceived from this statement that $178,974.97, has been paid into the treasury for account of this fund since the passage of the law instituting the same.

The sums which have been received into the treasury on account of income, amount to $1,707.21.

The total sums which have been paid for salaries to the Bank Commissioners, are as follows: